Compassionate Legal Support for Your Spinal Cord Injury Case
Spinal cord injuries can be painful, costly, and debilitating. If you or a loved one has suffered a spinal cord injury because of a botched surgery, or if your spinal cord injury was made worse due to an incidence of medical malpractice, you may be able to file a claim for compensation that will cover your medical bills and other expenses.
At James Wood Law, our Albuquerque spinal cord injury attorneys represent clients who have suffered from spinal injuries and any resulting paralysis due to medical malpractice. We can help you stand up to the medical practitioner responsible for your paraplegia, quadriplegia, or other type of paralysis and ensure you receive the funds you need to make the best recovery possible.
Call James Wood Law today at (888) 579-3866or contact us onlineto schedule a meeting with our spinal cord injury attorney in Albuquerque!
What Is Spinal Cord Injury?
The spinal cord is a bundle of nerves housed in the spinal column, or “backbone.” It is a vital part of the human body and, if damaged, can result in partial or full loss of motor control and/or sensation. A spinal cord injury may affect more than your ability to move a limb; victims often have trouble breathing, controlling their bladder, and/or with sexual function following such an injury. Spinal cord injuries can have many causes, such as car accidents and falls, but on this page, we will cover cases related to botched spinal surgery and other forms of medical malpractice.
Examples of the consequences of spinal cord injuries include:
Paralysis: Loss of motor control and/or sensation. Spinal cord injuries may cause mild to severe paralysis throughout the body depending on the seriousness of the injury.
Paraplegia: Total or partial paralysis in the legs and lower part of the body, below the torso.
Quadriplegia: Total or partial paralysis in all four limbs. Also known as tetraplegia.
Other complications that may arise from botched spinal surgery include:
Blood vessel damage
Chronic pain
Cognitive or neurological issues
Excessive bleeding
Incontinence
Infections
Tingling or numbness, especially in arms and legs
When Medical Negligence Leads to a Spinal Cord Injury
People trust doctors to look out for their best interests, and, for the most part, they do. However, doctors are human, and medical science can only go so far. Therefore, failed surgeries and other errors are unfortunately bound to happen occasionally. The unfortunate reality is that many of these are preventable.
If your medical provider competently handled your treatment and did everything they could to prevent your injury, then you most likely will not have a medical malpractice claim. However, if your spinal cord injury occurred or became worse due to negligence or carelessness on the surgeon or another medical practitioner’s part, you can file a compensation claim.
Common causes of spinal cord injuries due to medical malpractice include:
Anesthesia errors: If spinal anesthesia is administered improperly, it can lead to complications such as epidural hematoma, which can cause permanent spinal cord issues.
Emergency room errors: may occur if an emergency room patient with a severe back injury is improperly diagnosed, resulting in the doctors moving the patient in a way that worsens the injury.
Neglect: Sometimes, a patient’s lack of adequate care can lead to a medical malpractice claim.
Misdiagnosis: An undiagnosed or incorrect diagnosis of a back injury, infection, or tumor can lead to a spinal cord injury forming or becoming worse.
Surgery errors: Many types of surgical errors can result in a spinal cord injury. Specific types of back or spinal surgeries that have a high rate of malpractice or chance to go wrong include spinal fusion, discectomy, laminectomy, and nerve ablation.
Recoverable Damages in a Spinal Cord Injury Case
In a spinal cord injury case, damages are generally categorized into economic and non-economic. Economic damages address the financial burdens related to the injury, such as medical expenses and lost income. Non-economic damages, on the other hand, compensate for the emotional suffering and physical discomfort caused by the injury.
Medical Expenses: Covers past, current, and future medical bills related to treatment, rehabilitation, and care.
Lost Wages: Relief for income lost due to inability to work during recovery or permanently.
Loss of Future Earning Capacity: Addresses how the injury influences your capacity to earn income in the future.
Rehabilitation Costs include physical, occupational, and other rehabilitative services.
Assistive Devices and Home Modifications: Covers costs for items like wheelchairs, ramps, and home adaptations needed for mobility.
Pain and Suffering: Compensates for the physical pain and emotional distress caused by the injury.
Loss of Enjoyment: Payment may be awarded for losing your ability to engage in activities you previously enjoyed and for reducing your overall quality of life.
Loss of Consortium: Damages awarded for the impact on relationships, including the loss of companionship and support.
Punitive Damages: In instances of severe negligence, punitive damages may be granted to punish the responsible party and deter similar behavior in the future.
What is The Statute of Limitations for a Spinal Cord Injury in New Mexico?
In New Mexico, you typically have three years from the date of the medical malpractice to file a claim, including those involving spinal cord injuries. If the injury wasn't immediately apparent, the "discovery rule" allows for three years starting from when you discovered or should have discovered the injury.
It's essential to act quickly, as filing outside the statute of limitations window may prevent you from recovering any compensation. There are also specific rules for minors and cases involving wrongful death, so consulting with an attorney as soon as possible is crucial to ensure you don't miss any deadlines.
A spinal cord injury can significantly affect your life, underscoring the need to be aware of your legal rights and the compensation you may be entitled to. At James Wood Law, we are committed to assisting individuals who have suffered spinal cord injuries due to medical malpractice in obtaining the necessary compensation for medical costs, lost wages, and emotional suffering. Contact us today to review your case and consider your legal options.
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