What to Do If You Suspect Malpractice After Neurosurgery
When you or someone you love goes through neurosurgery, it’s easy to believe that you’re in the safest hands possible. After all, neurosurgeons are some of the most highly trained, highly skilled professionals in the medical world. Their work involves the brain, spine, and nervous system, which are some of the most sensitive and complex areas in the entire body.
Unfortunately, safety is not always guaranteed. Neurosurgery is one of the highest-risk medical specialties for malpractice claims. In fact, nearly one out of every five practicing neurosurgeons in the United States faces a malpractice claim each year. And when things go wrong, the consequences can range from permanent disability or paralysis to even death.
Considering the severity of the side effects, it makes all the sense in the world for you to reach out to a neurosurgeon malpractice lawyer who can help you.
Here are the steps you can take if you suspect malpractice after a neurosurgery:
Identify the Telltale Signs
Malpractice in neurosurgery can take many forms. Some of the most common issues include surgical errors that happen during the operation, maybe a slip of the hand causes nerve damage, or bleeding in the brain isn’t properly controlled.
Other times, the problem starts before the surgery even begins, e.g., a delayed diagnosis that gave the condition time to worsen, or a misdiagnosis that led to the wrong type of surgery being done altogether. There are also cases where patients never should’ve been operated on in the first place.
Infections caused by poor hygiene, injuries from unnecessary procedures, or being left in the dark without proper informed consent are all serious red flags as well.
Get a Second Opinion
If something feels off, your first move should be to talk to another qualified doctor. Get a second opinion from someone with experience in neurosurgery who can review what happened objectively. You want someone who isn’t emotionally involved and can give you an honest assessment.
Sometimes, a second doctor will spot something that was missed, be it a mistake in your diagnosis, a poorly done procedure, or treatment that should’ve never happened.
Even if they confirm what you were originally told, having that information helps. But if they disagree, that can be the first real piece of evidence that malpractice might’ve occurred.
Gather Every Record You Can Get Your Hands On
Next, start collecting all your medical records, test results, doctor’s notes, discharge papers, emails, and anything else related to your treatment. These documents provide the timeline, show what was done (and what wasn’t), and help paint the picture of whether something went wrong due to negligence.
At the same time, keep your own notes. Write down what you experienced, what you were told, how you felt, and who said what. Include dates, names, and any changes in your health. Don’t leave anything out, even if it seems small. It’s all part of building your case.
Speak With a Malpractice Lawyer
Once you’ve gathered your information and gotten a second opinion, it’s time to talk to a lawyer who focuses on neurosurgery malpractice.
These attorneys know how to sift through complex medical records and spot the legal aspects of medical mistakes. They can tell you whether your situation has the elements needed to be considered malpractice and what kind of compensation you might be entitled to.
A skilled malpractice lawyer will also walk you through the process, from filing the complaint to representing you in settlement talks or court if it goes that far.
And in many cases, these lawsuits don’t even make it to trial. A good lawyer will know how to negotiate a fair settlement based on the facts.
Conclusion
Even with all the training and care in the world, neurosurgeons are still human. And despite how rare they are, with only about 4,000 practicing across the U.S., malpractice still happens.
Sometimes it’s due to simple human error. Other times it’s due to negligence. But whatever the cause, you have a right to ask questions, to get answers, and to seek justice if those answers confirm your worst fears.