Surgical procedures help millions of people recover from injuries and illnesses each year in the U.S. While all surgeries carry some level of risk, negligence during a procedure can result in devastating outcomes such as paralysis, leaving victims facing permanent, life-altering challenges.
Research indicates that surgical errors are a common reason for malpractice claims. Though rare, wrong-site surgeries occur in about one out of every 100,000 procedures, constituting a catastrophic mistake. Even less obvious forms of negligence, such as inadequate monitoring or improper tool use, can cause irreversible damage, including loss of mobility or independence.
If you’ve suffered lasting harm from a preventable surgical error, an experienced Chicago medical malpractice lawyer at our firm can help you seek justice and financial support for your current and long-term care needs.
Understanding Surgical Paralysis: Causes and Types
Paralysis after surgery can occur when the spinal cord or surrounding nerves sustain damage during a procedure. A study found that among patients who experienced paralysis after surgery, 61% developed paraplegia, while 38% experienced quadriplegia.
The severity and type of paralysis depend on the location and extent of the injury, with each case requiring tailored medical care and support.
| Type of Paralysis | Description | Care Needs |
| Paraplegia | Loss of movement and sensation in the lower body. | Home modifications, physical therapy, and mobility support. |
| Quadriplegia | Loss of movement and sensation in all four limbs. | Full-time caregiving, assistive devices, and extensive medical care. |
| Monoplegia | Paralysis in a single limb. | Adaptive tools, therapy, and help with specific tasks. |
| Hemiplegia | Paralysis on one side of the body. | Mobility aids, balance therapy, and assistance with daily routines. |
When Can You Sue a Surgeon for Medical Negligence?
Surgical paralysis often results from avoidable mistakes when proper care isn’t taken. You may be able to file a medical malpractice claim if your surgery involved the following:
- Errors in Surgical Technique: Mistakes like cutting too deeply or mishandling tissues can lead to nerve or spinal cord damage. Paralysis can result from excessive neck bending, or even improperly monitored low blood pressure.
- Poor Preoperative Planning: Failing to review a patient’s medical history or prepare for known risks can lead to serious complications. For example, overlooking a patient’s high risk of blood clotting could result in preventable nerve damage.
- Failure to Disclose Risks: Patients must be informed of potential complications, such as nerve damage, paralysis, or severe blood loss, before surgery. Without this information, they lose the opportunity to weigh their options or explore alternative treatments.
- Post-Surgical Negligence: Inadequate monitoring or delayed responses to post-surgical complications after surgery can worsen injuries. For example, failing to address swelling or bleeding in time may lead to permanent nerve damage or paralysis.
Proving Negligence in Surgery-Related Paralysis Cases
To succeed in a medical malpractice claim, you must prove the following key elements of negligence:
- Duty of Care: The surgeon was supposed to uphold a professional standard of care. This can be demonstrated by providing evidence of a clear doctor-patient relationship, such as medical records or a signed treatment agreement.
- Breach of Duty: The surgeon failed to uphold the accepted standard of care. This can be shown by comparing their actions to those of a competent medical professional, supported by expert testimony highlighting how the care provided deviated from expected medical practices.
- Causation: The breach directly resulted in your paralysis. This can be proven using medical evidence, such as surgical records and imaging, combined with expert analysis to clearly establish the connection between the error and your injury.
- Damages: You experienced harm as a result of the error. Evidence such as medical bills, lost wages, and documentation of how paralysis has affected your daily life and future care needs can demonstrate this.
The Importance of Medical Expert Testimony
Medical malpractice claims, especially paralysis cases, often depend on complex medical facts. Expert testimony from medical professionals is typically required to establish proof of negligence. These experts can provide critical insights, such as:
- Clarifying whether the surgeon’s actions deviated from the standard of care
- Explaining how the error directly led to the patient’s paralysis
- Estimating the long-term medical and care needs resulting from the paralysis
Medical expert testimony plays a crucial role in strengthening a malpractice case by offering the court authoritative insights on whether the standard of care was breached and if negligence directly contributed to the injury.
Types of Compensation for Victims of Surgical Paralysis
Patients who suffer paralysis due to surgical errors can seek various forms of compensation to cover their losses and secure financial stability. A successful medical malpractice claim can provide:
- Coverage for future medical treatments, including surgeries, hospital stays, and rehabilitation
- Compensation for lost wages and reduced earning capacity
- Damages for the physical and emotional distress caused by the paralysis
- Reimbursement for long-term care needs, such as in-home assistance or modifications to living spaces
- Compensation for the impact paralysis can have on daily life and independence
Contact Our Experienced Chicago Medical Malpractice Lawyers
Paralysis after surgery can leave you with challenges you never expected. At Beam Legal Team, our Chicago medical malpractice lawyers have the knowledge and resources to advocate for your rights and help you get the compensation you need for your future.
We can investigate your case, gather medical evidence, and work with expert witnesses to help build a strong case for you. Contact us today for a free consultation to discuss your options after surgical negligence.