Neurosurgeons regularly perform intricate and high-risk procedures that involve the brain and spinal cord. Due to the potential for catastrophic harm to the brain and spinal cord that could result from a medical error, neurosurgeons undergo lengthy and extensive training. Even highly trained physicians are not immune from mistakes, though, and when a neurosurgeon fails to treat a patient in compliance with the applicable standards, such neurosurgeon malpractice can cause lifelong damages, and in some cases, death. If you or a loved one suffered harm due to the actions of a reckless neurosurgeon, you have the right to pursue damages and should consult a lawyer as soon as possible. At Arfaa Law Group, our trusted Baltimore medical malpractice attorneys are proficient at handling complex matters, and we take pride in helping people who have suffered devastating losses seek justice in the Maryland courts.Common Examples of Neurosurgeon Malpractice
Neurosurgeons diagnose and treat conditions involving the brain, spinal cord, and nervous system, which arise due to trauma, the degenerative process, or congenital issues. Examples of problems neurosurgeons treat include Parkinson’s disease and other neurological disorders, spinal cord compression, herniated discs, bleeding in the brain, and epilepsy. Typically, neurosurgeons employ surgical intervention to address their patients’ conditions. In cases in which a doctor fails to perform surgery properly, it can cause the patient’s condition to worsen or can lead to loss of mobility or function, and in extreme instances, death. As such, a large number of neurosurgery malpractice cases arise out of surgical errors. Additionally, neurosurgeons can harm patients by failing to disclose the risks associated with a procedure prior to performing the procedure. Finally, in some instances, a neurosurgeon may commit malpractice by failing to provide a patient with a proper diagnosis in a timely manner.Recovering Damages in Instances of Neurosurgeon Malpractice
Patients that are treated by neurosurgeons typically anticipate that the care they receive will improve or maintain their health. When they suffer harm instead, they often seek to hold their doctors accountable via a medical malpractice lawsuit. In Maryland, a plaintiff seeking damages from a health care provider in a civil lawsuit will usually assert a claim of medical negligence against the defendant. As such, the plaintiff must prove that the defendant owed the plaintiff a duty and that the defendant breached the duty. In cases in which the defendant is a neurosurgeon, the duty owed is the duty to provide the patient with treatment that a competent neurosurgeon with similar skills and experience, who practices in the same community, would provide under similar circumstances.
As neurosurgery is a complex practice that is not understood by the average person, a medical expert skilled in the area of neurosurgery will usually have to testify on behalf of the plaintiff to explain both the standard of care imposed on the defendant and the manner in which the defendant’s behavior constitutes a breach of the standard. The plaintiff must also show that the defendant’s breach led to the plaintiff’s harm, which typically requires expert testimony as well. Finally, the plaintiff will often need to engage an expert to testify as to the care and treatment the plaintiff needed due to the harm caused by the defendant, and the care that will be needed in the future. A person that wishes to pursue a medical malpractice claim against a neurosurgeon must do so within five years of when the injury occurred or within three years of when it is discovered, whichever date is earlier.Speak to a Capable Attorney in Baltimore
Neurosurgeons often provide their patients with vast improvements in mobility and quality of life, but when a surgery is performed incorrectly, it can cause a worsening of issues, paralysis, and in extreme cases, death. If you or your loved one were injured by neurosurgeon malpractice, you should contact a lawyer about your potential claims. The capable attorneys of Arfaa Law Group are equipped with the skills and resources needed to obtain winning results, and we will work diligently to help you seek the best legal outcome available. We routinely assist people in the pursuit of damages in medical malpractice cases in Baltimore, where we have an office. We can be reached at 410-889-1850 or via the form online to schedule a meeting.