spinal fusion malpractice settlement

For settlement purposes, the full value for pain and suffering (at a minimum is): 1 level neck fusion: $250,000 to $400,000 2 level neck fusion: $250,000 to $400,000 4 level neck fusion: $300,000 to $500,000 If there are serious complications from the surgery, the pain and suffering value can be higher. However, these complex cases require knowledge and experience to document and pursue. For this reason, personal injury claims involving spinal fusion surgery often have settlements upwards of six figures. Compensatory damages reimburse injured claimants for past losses and provide coverage for future anticipated financial needs. One common area for the potential avoidance of malpractice claims and subsequent payouts involves misplaced pedicle and/or lateral mass instrumentation. Based on our efforts though, we were able to recover all the available UM insurance for our client. For example, a commercial truck driver who drank before getting behind the wheel might be guilty of gross negligence. The mean plaintiff's verdict was $4,180,213 (range: $761,819 . A 44-year-old woman was involved in a chain-reaction collision. How Much Is A Herniated Disc Worth In A Car Accident In Florida? The police officer denied liability. The effect of multilevel anterior cervical fusion on neck motion. This allows me to focus solely on personal injury litigation and devote myself to helping injured residents in Georgia recover fair compensation for their damages. Here are a couple of real settlements for cases involving spinal fusion surgery: In both of these cases, the settlement amount for the spinal fusion surgery corresponded with the severity of the injuries. Acceptable evidence typically includes expert reports showing the claimants lifetime lost wages, anticipated future nursing costs, and associated mental anguish. Even after deducting legal fees and expenses, claimants frequently recover substantially higher medical malpractice settlements with dedicated legal counselmost insurers will offer between nothing and $10,000 to unrepresented legal claimants but may increase the offer tenfold after receiving correspondence from your lawyer. Article Author: This law article was written by attorney Ramin Benyamin, Esquire. Differences between 1-and 2-level cervical arthroplasty: more heterotopic ossification in 2-level disc replacement. When you meet with your lawyer, make sure you provide them with as much documentation and information about your injury as possible. He injured his neck, lower back, and right leg. No recovery no fee guarantee includes a promise that if there is no recovery, our law firm will cover the case costs on your behalf. The Spine Journal,9(1), 31-38. They will be more likely to discredit any alleged pain & suffering and devalue the claim. The plaintiff suffers from spinal issues before the accident; The workers on the property where the injury took place did not know about a potential hazard; or. Mr. Benyamin received his Juris Doctor degree from theThomas Jefferson School of Law, and his license to practice law from theState Bar of California. Hyun, S. J., Kim, K. J., Jahng, T. A., & Kim, H. J. Preoperative chronic opioid therapy negatively impacts long-term outcomes following cervical fusion surgery. Average settlements for a spinal fusion surgery fluctuate based on factors such as these, i.e. Patients may demand compensation for lost enjoyment of previous activities, physical pain, and daily frustrations. The typical cost of spinal fusion surgery can range from $16,000 to $30,000 depending on various factors such as the type of fusion surgery, the location on the spine, and the location where the procedure is done. These real but incalculable losses often trouble claimants and their families the most. His law license number is #277263. This field is for validation purposes and should be left unchanged. Nevertheless, we continued to aggressively challenge the insurance company and continued to advocate on behalf of our injured client. Seven-figure malpractice settlements generally involve serious, permanent injuries associated with extreme healthcare neglect. When an individual needs a 2-level cervical fusion they generally have one of two options, the cervical disc replacement (CDR) option or the anterior cervical discectomy and fusion (ACDF). PMID: 22270246; PMCID: PMC3389104. Consider the following types of cases based on their average settlement values. $ 7,000,000Child Suffers Fractured Skull At BirthAn infant born in a high-risk pregnancy was delivered with forceps instead of by caesarian section. The impact of the fall damaged multiple vertebrae and resulted in the need for a multi-level fusion surgery. Apply online or call to speak with a friendly agent at, We work together with your Law Firm to review your case, We send you cash directly within 24 hours of approval. Any statistician who pulled the methodology of how these numbers are calculated would have grave reservations about relying on any of these estimates as a true average spinal surgery settlement value. Impact of surgical approach on complications and resource utilization of cervical spine fusion: a nationwide perspective to the surgical treatment of diffuse cervical spondylosis. Shin, D. A., Yi, S., Kim, K. N., & Shin, H. C. (2009). This includes: Over 25% loss in side to side movement capability, Approximately 15% loss in left and right turning capability. Florida does not legally require you to have legal representation to seek compensation for a personal injury claim. Examples of these non-economic damages include the inability to exercise, drive, or sit without pain. Depending on the number of vertebrae damaged, different surgeries can be used to deal with the problem. Ghahreman, A., Rao, P. J., & Ferch, R. D. (2009). If you or someone you love had a failed spinal fusion surgery that was a result of medical malpractice or manufacturer negligence, contact a personal injury attorney to ensure you get the financial compensation you deserve. In addition, many insurance plans offer limited coverage for spinal surgeries. Risks include but are not limited to: Pain where bone was originally taken from (the graft site). He veered to the right in an attempt to avoid colliding with the truck, however, his bicycle fell to the right as a result, and he hit the ground hard.Our client was rushed to the hospital where x-rays revealed serious, unstable fractures in the neck. Dynamic plates in anterior cervical fusion surgery: graft settling and cervical alignment. When life wont wait for your spinal fusion settlement, consider applying for a pre-settlement lawsuit loan. The type of surgery will also potentially increase the risks with some surgeries being more invasive, particularly if more then on vertebrae is being treated at once. High-value malpractice claims take longer because most patients continue suffering damages throughout the claims process. We deliver cash within 24 hours of approval. Bone grafts and artificial hardware such as rods and screws are used to fuse and stabilize the spine. Importantly, injured claimants may also recover compensation for their frustrations, pain, and mental suffering. Challenging cases are something we are accustomed to. If you look online, you will see some willing to venture estimates for the average settlement for workers compensation claims involving spinal fusion surgery. $45,000 settlement case for spinal injuries a client sustained in Oldsmar, FL premises liability accident. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. Journal of Neurosurgery: Spine,16(6), 594-600. She later required a neck fusion operation when the injections failed to provide significant relief. document.getElementById( "ak_js_4" ).setAttribute( "value", ( new Date() ).getTime() ); 900 West Platt Street #100 Tampa, FL 33606, 6940 W Linebaugh Ave #101 Tampa, FL 33625, 2639 McCormick Drive Clearwater, FL 33759, 1211 1st Ave N #209 St. Petersburg, FL 33705, 7663 Cita Ln Suite 102 New Port Richey, FL 34653, 3241 Commercial Way Spring Hill, FL 34606, 100 S Kentucky Ave Suite #295 Lakeland, FL 33801, 830 North John Young Parkway Kissimmee, FL 34741, 121 S. Orange Ave, #1500 Orlando, FL 32801, 18245 Paulson Drive Port Charlotte, FL 33954, 2556 1stStreet, #169 Ft. Myers, FL 33901, 4850 Tamiami Trail North, #301 Naples, FL 34103, 601 Brickell Key Dr, Ste #700 Miami, FL 33131, 113 S. Monroe St, 1st Floor Tallahassee, FL 32301, 10151 Deerwood Park Blvd Bldg 200, Ste. To provide a comprehensive assessment of reported malpractice litigation claims involving elective lumbar spinal fusion (LSF) surgery during the modern era of spine surgery instrumentation in the U.S., to identify factors associated with verdict outcomes, and to compare malpractice claims characteristics between different approaches for LSF. Some of the most common types of spinal injury damages include: Whenever a victim requires surgery after a personal injury, this factor typically increases the value of their claim. The best medical negligence lawyers are experienced negotiators who can maximize case settlement values while avoiding unnecessary litigation. OUTCOME MEASURES: The primary outcome measure was verdict outcome (defendant vs. plaintiff verdict). One problem is that our client did not visit the emergency room on the day of the accident. Dynamic plates in anterior cervical fusion surgery: graft settling and cervical alignment. In addition, the amount of levels fused along the spine affects pain and future complications. We aggressively negotiate with the at-fault partys lawyers and insurance company to achieve the best possible outcome for you. We eventually provided the insurance company with a detailed case summary and suggested a settlement amount taking into account our clients medical bills, lost wages, injuries and pain and suffering. However, our attorneys successfully appealed and had that motion overturned, and the case settled for $4,000,000. Spine surgery has been disproportionately impacted by medical liability and malpractice litigation, with the majority of claims and payouts related to procedural error. Lawsuit Settlements in Personal Injury Claims How much you can receive in a back injury settlement depends on many factors, especially the severity of the injury. The injury required fusion surgery. Most licensed healthcare providers and facilities must carry medical malpractice insurance. Our data shows that spinal fusion lawsuit settlements usually reach six figures, ranging anywhere from $300,000 to $600,000. When the outcomes are negative and diminish the quality of life of the individual there is a higher cause for a settlement value increase. CONCLUSION : The results of our analysis of reported claims suggest that medical malpractice litigation involving elective LSF is associated with jury verdicts over $1 million per case, with the. As he was riding, a large truck being driven by the defendant pulled out directly in front of our client. Just like there are many kinds of surgeries for a cervical fusion, there are also many different kinds of injuries which give rise to the need for a cervical fusion. When you trust us to handle your spinal fusion surgery claim, you will benefit from our depth of knowledge and personalized level of service. Generally, insurers adjusters strive to reduce their companys financial liability while lawyers try to maximize their clients settlement offers. He alleged that the at-fault drivers negligence caused his permanent injuries. If you are facing spinal fusion surgery, or youve already undergone this procedure, we can help you get started with the legal process. . $250,000. Settlements depend greatly on the unique circumstances of each spinal fusion injury case. For many accident victims, spinal fusion surgery is the only way to treat these injuries successfully. For example, chiropractic mistakes resulting in slipped discs may require spinal fusion surgery and rehabilitation. For the reasons explained above, but also because of jurisdiction. If you sustained injuries that require you to have spinal fusion surgery, such as C4567 fusion surgery, you might want to consider pursuing legal action against the at-fault party. The second reason spinal fusion surgery significantly increases the value of a back-injury case is that it validates the plaintiffs injury and pain & suffering claim. https://doi.org/10.1007/s00586-013-3084-y. Spinal fusion surgery significantly increases the potential value of any back injury claim. Copyright 2023 attorney advertisement by Injury Advocates Group and licensed, practicing attorney Ray Benyamin, Esquire. During that time, we hired a forensic radiologist to compare and contrast the MRIs taken before and after the accident. Shamji, M. F., Cook, C., Pietrobon, R., Tackett, S., Brown, C., & Isaacs, R. E. (2009). When you trust Abrahamson & Uiterwyk to handle your spinal fusion claim, we will do everything in our power to pursue the compensation you deserve. Once all parties approve the final payout, malpractice claimants can generally expect to recover their percentage of the eventual settlement. Talk to a Florida Personal Injury Lawyer Near You Today. Lowest interest rate guarantee. In that case, your lawyer might pursue punitive damages on your behalf. What are Some Examples of Personal Injury Settlement Amounts Involving Spinal Fusion Surgery? She then underwent a two-level cervical fusion. At Nova Legal Funding, we understand that spinal injuries often result in lost wages and temporary, or even permanent, disability. $550,000. Spinal fusion surgery is used to treat many accident-related back injuries, including: As a general rule, in personal injury cases, all surgery greatly increases the potential settlement value of the plaintiffs injuries. Even after successful surgery range of motion was reduced in all cases of cervical damage. $525,000 settlement for cervical spine injuries a client sustained in a Pinellas County, FL car accident. Previously, spinal fusion settlements have ranged on average between $250,000 and $400,000, though some have been much higher. Confidential or time-sensitive information should not be sent through forms on this site. Biomechanics of hybrid anterior cervical fusion and artificial disc replacement in 3-level constructs: An in vitro investigation. Some risks are common like the potential for increased stiffness in the neck and the frequent risks that come with the use of anesthesia. Two women underwent spinal fusions performed by the same surgeon. The women alleged negligence against the surgeon. If you suffered a spinal injury due to the actions of another party, you might have the basis for a legal claim. The effect of multilevel anterior cervical fusion on neck motion. You could get a better idea of what your case is worth by looking at the outcome of similar cases. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The same medical mistakes frequently impact individual patients in unique ways. Even though it was fairly clear who was at fault for the accident, the case presented many, many challenges. Three-level anterior cervical discectomy and fusion with plate fixation: radiographic and clinical results. Remember that all these statistics are flawed. A spinal fusion lawsuit settlement can ensure you get the treatment you need and cover your expenses when your injuries prevent you from working. Any of these surgeries will require considerable recovery time and the potential for many risks post-operation. They often require extensive medical care and may leave you unable to work. My name is Ron Sinai (I'm not actually a cartoon). After that, lawyers should help clients settle any outstanding claims, including unpaid medical bills, and reimburse certain private insurers for covering malpractice related expenses. For that reason, an average claim value for a spinal fusion injury case is difficult to determine. The Average Spinal Fusion Settlement to the Number of Vertebrae Rates Are: a single vertebra. However, claimants must still prove the existence and value of their financial losses. Not necessarily, but we strongly recommend hiring a personal injury attorney to represent you. Nicole W.Rating 5/5 See our 4.9 rating and read more of our 355+ reviews on Google. For a better idea of how much money you could get from a spinal fusion surgery lawsuit settlement, consider some of the outcomes Abrahamson & Uiterwyk has achieved for past clients: In this recent, 2021, C4567 fusion settlement example, we were able to recover $100,000 for our client. A single vertebrae fusion surgery averages on the low end $150,000, A 2-level fusion surgery averages $250,000 on the low end, a multi-level 3-4 or higher vertebrae fusion can start at $275,000 and go as high as a few million dollars. However, even a single-level cervical fusion is a major surgery that can cause serious problems if not handled properly. Nearly all malpractice settlements come from healthcare insurance companies, but insurers have no obligation to settle claims. Please note: Brauns Law Accident Injury Lawyers PC is licensed to practice personal injury law in the state of Georgia. The cervical region is another term for the neck portion of the spine. This includes high-speed car accidents, being struck by a heavy object traveling at a high speed, or slipping and falling on a hard surface. Since the settlement value of spinal fusion surgery depends on the severity of the injuries, the value of a spinal fusion case ranges anywhere from $300,000 to several million. The average recovery time for a cervical fusion surgery is 9 months long and some recovery times can take considerably longer than that going well over a year. (Calculator). No problem. The average settlement for a spinal fusion surgery depends on specifics like prior injury, impact on daily quality of life and length of recovery. The next level of treatment in most back-injury cases is epidural steroid injections. One of them sustained nerve damage caused by her surgery. Only your spinal injury accident attorney can answer this question for certain. While claimants might file separate abuse claims, nursing home abuse often gives rise to malpractice liability. This case settled for $700,000. Minor back injuries that only require pain medications and physical therapy have a relatively low value. . This tragic crash occurred when our client was riding his bicycle in the parking lot area of a public boat ramp in Clearwater, Florida. Many law firms even front the expensive expert witness and medical records fees necessary to obtain reasonable settlements. A 2-level fusion means that there will be the fusion of 2 damaged vertebrae or spinal discs while a 3-level fusion means that 3 vertebrae or discs have been damaged. Medical negligence in spinal injury surgeries . Without insurance such a surgery can cost upwards of $200,000 and even the spinal fusion surgery cost with insurance can be high depending on your deductible and specific insurance plan. Trust the experienced, aggressive personal injury lawyers at Abrahamson & Uiterwyk to assist you. Lower settlements for permanent injuries might also result if claimants did not seek continuous medical care or cannot provide insurers with necessary evidence. Relationship between T1 slope and cervical alignment following multilevel posterior cervical fusion surgery: impact of T1 slope minus cervical lordosis. Michigan Spine Surgery Medical Malpractice Settlements & Verdicts. As a result of her fall, the Plaintiff's fusion did not fully heal and revision surgery was . Cervical Fusion Sample Verdicts & Settlements. Despite the surgery, the womans C5-6 symptoms lingered. malpractice claims characteristics between different approaches for LSF. What Will the Interest Rate On My Lawsuit Loan Be? If you need help getting a higher settlement for your spinal fusion injury case, contact us to discuss the specifics of your situation. This is already the second lawsuit filed . Kalakoti, P., Volkmar, A. J., Bedard, N. A., Eisenberg, J. M., Hendrickson, N. R., & Pugely, A. J. (FL)SAMPLE VERDICT: While at his job an individual fell due to improper safety standards being applied. Read more about spinal cord and back injuries. He suffered knee and back injuries, requiring a 2-level lumbar spinal fusion surgery that left him with severe spinal stenosis. I only represent plaintiffs in injury cases and only handle personal injury claims. A cervical fusion settlement case will put you in a situation where you will be on the defensive trying to prove your injury and the impact it has on your life. If the patient fully recovers from the malpractice related injuries within a few months, they may recover medical and rehabilitation costs, lost wages, and some additional damages from prolonged suffering. In the Summer of 2016, Phil Wiskow settled a falldown case in Sussex County for $325,000. The Myth of the Same Day Settlement Loan, Chipotle Mexican Grill settled a case for $1.3 million, a plaintiff settled her case against State Farm for $685,000. Serving all of Los Angeles, including Arcadia, Beverly Hills, Claremont, Canoga Park, Chino, Chino Hills, Covina, Diamond Bar, Downey, East Pasadena, El Monte, Encino, Highland Park, Inglewood, La Verne, Long Beach, Malibu, Montebello, Monterey Park, North Hollywood, Northridge, Pasadena, Pomona, Rancho Cucamonga, Reseda, Rosemead, San Gabriel, San Dimas, Santa Monica, Sherman Oaks, South Bay, South LA, South Pasadena, Sunland, Tarzana, Thousand Oaks, Torrance, Van Nuys, Venice, West Covina, West Hollywood, and Westlake Village. These ranges are generally between $50,000 to $250,000 or more, depending on the specific circumstances of the case. (NJ)SAMPLE SETTLEMENT: While stopped at a traffic stop a 40 year old man was hit from behind by a pickup truck that was speeding and was not paying attention to traffic signs. The more extensive the injury, the greater the settlement to pay for medical care, whether it's a cervical fusion or lumbar fusion. Settlements depend greatly on the unique circumstances of each spinal fusion injury case. Recent 2023 Car Accident Settlement Amount Examples. They awarded the woman $1,051,800. Most injury lawyers accept cases on a contingency fee (delayed payment) basis. There are so many factors including the severity of the injury, the cost of medical treatment, the length of disability, the state laws governing workers compensation, and the insurers policies that average settlement statistics really are useless to you. Claimants must prove the existence and value of their damages during medical malpractice litigation and settlement negotiations. He subsequently underwent three lumbar procedures. They do not punish the negligent healthcare provider. Spine,35(15), 1454-1459. As the number of vertebrae damaged increases, so does the length of the surgery, the recovery time from the surgery and the chances of decreased mobility. The man underwent cervical and lumbar fusions. If you are an accident or medical malpractice victim, our Massachusetts lawyers can help. Not sure if pre-settlement funding is right for you? There are two reasons for this. Conclusion: The results of our analysis of reported claims suggest that medical malpractice litigation involving elective LSF is associated with jury verdicts over $1 million per case, with the most common alleged malpractice being intraoperative error and failure to obtain informed consent. They may also include the natural frustrations associated with the inability to cook, clean, or otherwise provide for loved ones. Contact Brauns Law Accident Injury Lawyers, PC to learn more about your legal options. I also understand that Miller & Zois works with multiple law firms on these claims and that I may be contacted by an affiliated law firm working with Miller & Zois on these lawsuits. Factors that can increase risks include age as well as the existing health status of an individual. The most common causes include: These types of accidents can rupture discs, crack vertebrae, or fracture the whole spine. Kornitzer's spinal fusion malpractice lawsuit includes allegations of negligence against his doctor and the New Jersey Spine Institute, claiming that they failed to follow the appropriate . The total disruption of your life waiting for surgery and then going through surgery and finally recovering from surgery means you will miss out on important life events, family functions, work, and will therefore lose out on income potential, job promotions and the freedom to take part in hobbies and normal day to day functions. The jury found the at-fault driver 100 percent liable. The man alleged that the truck drivers negligence caused his injuries. This potential is increased as there is an increase in the number cervical bones included in the surgery such as with 2 level cervical fusions and 3-level cervical fusions.
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