Can You Sue For Failed Back Syndrome?

by | Last updated on January 24, 2024

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Can you sue for failed back syndrome? Generally speaking, a failed back surgery lawyer is essential for lawsuits against surgeons and other parties responsible for failed back surgery . This is because such an attorney will likely understand what is needed to successfully sue a surgeon, as well as how to receive the optimal damages award.

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Is failed back surgery syndrome a disability?

Getting Social Security for Failed Back Syndrome

If you can prove that FBS prevents you from being able to work – and that the disability will last for at least 12 months – you may be entitled to Social Security Disability benefits .

Can failed back surgery syndrome be cured?

Failed back surgery syndrome is very real for many suffering from back and leg pain. Structural surgery, neuromodulation or a combination of both could be right for you. Failed back surgery syndrome really gets a bad rap. Not all surgeries carry the moniker after a procedure doesn’t cure or alleviate a condition .

Can you sue for post laminectomy syndrome?

How much money can you get from a spinal fusion surgery lawsuit settlement?

The average settlement compensation payout for a back injury lawsuit involving spinal fusion surgery is between $150,000 and $200,000 . One factor that limits the settlement value in spinal fusion auto tort cases is the limits of applicable insurance coverage.

What kind of back problems qualify for disability?

What Back Conditions Qualify for Disability? The spine disorders that qualify for disability include herniated discs, nerve root compression, degenerative disc disease . To get disability with back pack, you must meet one of the back conditions in the SSA’s list of impairments that qualify for disability.

How common is failed back syndrome?

While published reports estimate the incidence of failed back surgery syndrome to be between 20 – 40% , the likelihood is considered greater with repeated surgery, and the condition will be more prevalent in regions where spinal surgery is more common.

What is the treatment for failed back syndrome?

Treatment for failed back surgery syndrome may include physical therapy, nerve blocks, medications, injections, or a chronic pain management program . If the pain is possibly coming from the facet or sacroiliac joints, chiropractic care may be recommended.

Is failed back syndrome the same as post laminectomy syndrome?

This persistent pain is called post laminectomy syndrome. Post-laminectomy syndrome is also called Failed Back Surgery Syndrome, or FBSS .

What does failed back feel like?

Symptoms may include chronic pain in the back, neck, or legs, which can be dull or sharp, aching, burning, or radiating . The pain may continue after surgery or reappear several days or weeks afterward. It can worsen as scar tissue builds in the spinal nerve roots, which extend from the spinal cord.

Can you sue hospital if surgery goes wrong?

If you have suffered due to a surgical error made by a surgeon, you may be entitled to sue the surgeon (or their hospital) and make a surgical error claim for compensation .

Can you sue for complications from surgery?

When a patient undergoes surgery, a positive outcome is never guaranteed. However, if a surgery patient suffers harm due to a preventable medical error, the injured patient and/or family members may be able to sue to recover compensation for their losses through a medical malpractice claim.

Can I sue for a failed spinal fusion?

While medical negligence can show up in a variety of forms, there are essentially three ways your surgeon or other medical professional can be liable for malpractice when it comes to spinal fusion: Negligently performing the procedure and/or failing to recognize a complication .

How much is a back fusion worth?

As far as the amount you can receive with a spinal fusion surgery settlement, it can vary widely. You can expect from $150,000 to more than $200,000 with spinal fusion cases.

Is Spinal stenosis considered a disability?

Fortunately, lumbar spinal stenosis is one of the few back conditions recognized by the Social Security Administration (SSA) with an official impairment listing, meaning that those with documented cases of severe lumbar spinal stenosis are automatically granted disability benefits —if you can meet the SSA’s tough ...

How much is a lumbar discectomy settlement?

$1,600,000 Settlement for Injuries Requiring Microdiscectomy.

How much disability will I get for back pain?

Rating Cervical Spine 0% Flexion ≥45 degrees, OR combined Range of Motion ≥ 340 degrees 10% Flexion between 30 and 45 degrees, OR combined Range of Motion between 175 and 340 degrees 20% Flexion between 15 and 35 degrees, OR combined Range of Motion ≤ 170 degrees

How does back pain limit your ability to work?

Experiencing lower back pain triggers a domino effect. It’s painful to the extent that you’re unable to move around. It makes you dependent on others, which can be difficult if you’re living alone . It typically leads to frustration because, all of a sudden, you can’t do the things you normally can.

Does bulging discs qualify for disability?

A VA rating for a herniated or a bulging disc will not automatically qualify you for disability benefits , but it may be able to be used as evidence to back up your disability claim. You can qualify for both VA disability benefits and Social Security disability benefits.

Can you feel the screws after spinal fusion?

Often, excessive pain is a symptom of a loose screw after spinal fusion or other hardware complication . “If the hardware is prominent under the skin the patient may feel a painful bump,” Dr. Lieberman explains.

Can screws in back cause pain?

If screws and rods are used in the back, they have the potential to cause pain and discomfort long term .

Is lower back surgery worth it?

Back surgery can help relieve some causes of back pain, but it’s rarely necessary . Most back pain resolves on its own within three months. Low back pain is one of the most common ailments seen by family doctors.

What percentage of back surgeries fail?

The Problem

Although more than 50% of primary spinal surgeries are successful, no more than 30% , 15%, and 5% of the patients experience a successful outcome after the second, third, and fourth surgeries, respectively [ 12 ].

How can you tell if you have nerve damage after back surgery?

You might experience numbness or a tingling sensation in the region of the damaged nerve . This is sometimes referred to as loss of innervation or “pins and needles.” The symptoms do not have to be in the area where the nerve was actually damaged due to the complex nature of the nervous system’s network structure.

How many years does a spinal fusion last?

Surgical screws, rods or metal plates are used to hold the vertebrae together. In more complex cases, two or more interlocking vertebrae may be involved in the spinal fusion procedure. The results of a fusion are permanent .

What does a failed fusion feel like?

After any spine surgery, a percentage of patients may still experience pain. This is called failed back or failed fusion syndrome, which is characterized by intractable pain and an inability to return to normal activities . Surgery may be able to fix the condition but not eliminate the pain.

How do I know if my laminectomy failed?

Patients with failed back surgery symptoms may experience the same pain as before surgery, and/or discomfort of a different kind (such as numbness, weakness, stiffness, sharper pain, or more diffuse pain), or in a different area of the body.

Can sciatica return after back surgery?

The surgical treatment of lumbar disc herniation is successful in radicular pain and prevents or limits neurological damage in the majority of patients. Recurrence of sciatica after a successful disc surgery can be due to many possible etiologies .

Does spinal fusion count as a disability?

Will nerve pain go away after back surgery?

Pain is normal in the weeks following back surgery, as tissues heal, nerves regain normal function, and inflammation decreases . However, some people may have pain beyond the three to six month period that is considered a normal healing time.

Is there an age limit for back surgery?

If you’re in good health for your age, spine surgery may be perfectly safe in your 70s or even 80s . Comorbidities – Similarly, the doctor will also look at any health comorbidities that could complicate your procedure.

How much can you get for medical negligence?

What is classed as medical negligence?

Medical negligence is substandard care that’s been provided by a medical professional to a patient, which has directly caused injury or caused an existing condition to get worse . There’s a number of ways that medical negligence can happen such as misdiagnosis, incorrect treatment or surgical mistakes.

How do I claim for medical negligence?

  1. Contact us. The first step to making a medical negligence claim is to get in touch with us. ...
  2. Make a complaint. ...
  3. Gather evidence to prove medical negligence in a case. ...
  4. The case is taken to court.

What is the most common surgical error?

Common Surgical Errors

Unnecessary or inappropriate surgeries . Anesthesia mistakes, such as using too much or not being mindful of a patient’s allergies. Cutting an organ or another part of the body by mistake. Instruments and other foreign objects left inside patients.

What is it called when doctors mess up?

When a doctor makes an unavoidable mistake that another doctor would have made in the same circumstances, it’s just a mistake. However, if they made a mistake as a result of negligence, it’s called medical malpractice .

Leah Jackson
Author
Leah Jackson
Leah is a relationship coach with over 10 years of experience working with couples and individuals to improve their relationships. She holds a degree in psychology and has trained with leading relationship experts such as John Gottman and Esther Perel. Leah is passionate about helping people build strong, healthy relationships and providing practical advice to overcome common relationship challenges.