Failure to diagnose a spinal epidural abscess is a common form of medical malpractice that, in the worst cases, may result in paraplegia, quadriplegia, or even death (if the diagnosis is not made early on, therefore delaying treatment).
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Medical malpractice spinal epidural abscess settlement examples
How much can you win in a medical malpractice spinal epidural abscess settlement?
At Dennehy Law Firm, we have taken on and won misdiagnosis of spinal epidural abscess (or failure to diagnose).
Most recently, we won a $9,650,000 settlement in a spinal epidural abscess case. Unfortunately, the patient was left with permanent partial paraplegia after two ER doctors ignored a patient’s complaints of pain and inability to move his legs – until it was too late.
In another similar case, we reached a $2,000,000 verdict for a failure to diagnose a spinal epidural abscess which resulted in grievous pain and paraplegia, confining a woman (wife and mother) to a wheelchair for the remainder of her life.
We won another $1,100,000 settlement due to damage to the nerves after a negligent spinal epidural injection.
Do you think you have a spinal epidural abscess case? Get in touch today.
Summary of a study on spinal epidural abscess settlements
In a medical study on spinal epidural abscesses (SEA), 135 cases were analyzed in relation to malpractice litigation.
The biggest takeaway from this article is that if you have a case involving paralysis or delay in diagnosis or treatment, you may have a higher chance of winning a plaintiff verdict.
For plaintiff rulings, the mean award was between $4,291,400 and $5,342,883, though the range began at $4,551 to $22,903,000. The award for plaintiff rulings was much larger than the average award for cases settled out of court, which was $2,324,170 to $2,136,621, with a range of $100,000 to $10,000,000.
Of the 135 cases, 21.5% settled, 43.7% resulted in a defendant ruling, and 47 resulted in a plaintiff ruling.
Based on this study, the amount awarded was not related to age or sex. Nor was the presence of a previously known infection related to the proportion of indemnity payments or plaintiff verdicts.
Plaintiff verdicts in cases involving patients that became paraplegic or quadriplegic, however, were associated with higher financial awards compared to patients without paralysis.
In the case of delays in diagnosis or delays in treatment, verdicts were found predominantly against physicians, though there wasn’t much difference in terms of financial reward.
The most commonly sued physician were internists, followed by anesthesiologists, emergency medicine physicians, family medicine physicians, neurosurgeons, and finally orthopedic surgeons.
Medical malpractice spinal epidural abscess – types of settlements
Every spinal abscess malpractice case is different, as are the compensation amounts that may result from a settlement. The sum is determined by the patient’s damages and the strength of the liability claim against a medical provider. Settlements in circumstances when there is irreparable injury tend to be quite large.
A malpractice victim may be awarded both economic losses and non-economic losses. Economic losses include lost wages and medical expenses; financial losses.
Damages for bodily pain and suffering, mental distress, and incapacity are all examples of non-economic losses. These damages also cover your diminished quality of life.
Compared to other medical malpractice cases, settlements involving spinal epidural abscesses are frequently quite large. This is because the patient tends to sustain serious economic and personal injury damages.
A patient who has sustained persistent spinal cord damage is frequently incapacitated, unable to work or support themselves, and needs ongoing care.
Particularly for younger patients with a typical life expectancy who are unable to work, move, or enjoy life in physical ways, these settlements may amount to millions of dollars – and rightly so!
Damages for a Spinal Injury from Medical Malpractice
Each case of medical misconduct is unique. Spinal cord injuries brought on by medical mistakes are not subject to a fixed sum of compensation. We need to consider your losses, what you went through, and how the impact changed your life.
Here are a few examples of the damages our clients have received from us:
Increased medical costs
Since you were already going to incur that fee, the original medical procedure is not covered by your insurance. However, you are entitled to compensation for any additional medical costs you incurred as a result of the error. The price of continued medical care is an additional target.
Income lost
If you suffer a serious spinal cord injury, you will be out of work for a long time. Your lost wages, salary, self-employment, and other sources of income are all recoverable.
Disability
After a severe spinal cord injury, many people are completely unable to work. A loss that is entitled to compensation is the inability to sustain your family and yourself through meaningful employment.
Pain and suffering
If you have a spinal cord injury, you can heal from the physical agony and the emotional sorrow. A person’s pain and suffering are not compensated by merely covering their direct cash losses. This kind of financial compensation acknowledges those things.
Other intangible losses
Depending on the specifics of your case, you might be able to claim things that are valid effects of medical negligence but do not have receipts or bills. Chronic sadness, anxiety, loss of pleasure in life, deformity, and a spouse’s claim for loss of consortium might all fall under this category.
The degree of your potential financial damages can be assessed once we have spoken with you and looked into what transpired in your specific case.
What is a Spinal Epidural Abscess?
A spinal epidural abscess is an accumulation of pus in the epidural space (on or around the dura mater of the spinal cord) that can compress the spinal cord. In other words, it is an infection of the spine.
They are normally diagnosed by MRI or myelography followed by computed tomography (CT) scan.
Spinal epidural abscess is usually treated with antibiotics and drainage of the abscess is sometimes necessary.
What is the most common cause of epidural abscess?
Spinal epidural abscesses most commonly occur in the thoracic or lumbar regions.
An underlying infection is quite commonly present, though it may be remote (like a dental abscess or endocarditis) or it may be contiguous (as in a pressure ulcer)
Unfortunately, ⅓ of cases have no clear cause, though the most common cause is due to bacteria or fungal organisms (usually after a surgical procedure), such as Staphylococcus aureus or e. Coli. (Escherichia coli). Sometimes, a tuberculous abscess of the thoracic spine, also known as Pott disease, is the cause. Apart from bacteremia due to medical instruments, IV drug use or a dental procedure may also be the source cause. Source.
How does failing to diagnose a spinal epidural abscess qualify as medical malpractice?
Quite simply, the infection could have been controlled, had it been noticed sooner based on common symptoms and minimum standards of care by doctors and nurses. If these professionals fail to diagnose a spinal epidural abscess, it may very likely result in a lawsuit since the repercussions can be quite severe (paralysis and paraplegia).
Healthcare professionals must be especially vigilant in patients that have undergone back surgery or other invasive procedure relating to bloodstream and bone infections.
If the symptoms were apparent and the health professional fails to diagnose the infection, you likely have a viable malpractice case.
How do you know if you have a spinal abscess?
This is not an exhaustive list, but coupled with previous back surgery or other invasive procedure, the following may indicate a spinal abscess.
- Back pain
- A patient may also have drainage coming from the surgical wound site that provides evidence of an infection.
- Fever
- Bowel or bladder incontinence
- Pain at the surgery site
If there is the slightest risk of an infection, your physician should order a blood culture, MRI, or CT scan of the spine.
How do you rule out an epidural abscess – Spinal Epidural Abscess misdiagnosis?
When a physician suspects a spinal epidural abscess based on symptoms presented by the patient, a timely diagnosis may prevent long-term, permanent damage.
For diagnosis, tests include a blood culture, a complete blood count, an MRI or CT Scan of the spine.
The sooner it can be diagnosed, the more quickly pressure on the spinal cord can be reduced or eliminated, thereby preventing the loss of function. When this is not done on time, damage may be permanent.
Here’s how spinal epidural abscess misdiagnosis usually occurs in real life:
The patient complains of back pain (usually the first symptom and present in half the cases) as well as tenderness in the spine. Nerve root irritation may also cause a patient to experience pain in the chest or abdomen. Other symptoms may include reduction of motor, sphincter, or sensory functions, general spinal cord dysfunction, and, in worse cases, paralysis.
When an abscess is present, pressure is created against the spinal cord that will lead to permanent paralysis or death if not treated.
Treatment for SEA – spinal epidural abscess
Treatment of SE includes:
- Surgical decompression of the spinal cord to reduce/remove pressure and prevent permanent damage to the nervous system. Commonly a laminectomy will remove the lamina (the bone that covers the spinal canal)
- Antibiotics (4-6) weeks until the infection clears up
Do I have a Spinal Epidural Abscess malpractice case?
You may! Ask yourself the following:
- Did symptoms present and were these communicated to physicians?
- Did you feel like your complaints of pain and discomfort were ignored early on?
- How long until your physician considered the possibility of a spinal epidural abscess?
- What have been the long-term consequences of the delayed diagnosis or failed diagnosis?
If you think you may have a malpractice case, please get in touch with Susan Dennehy today.
How do I file a medical misdiagnosis malpractice lawsuit?
Several factors affect whether you can bring a medical malpractice claim.
- You must demonstrate that a medical professional failed to treat you as a reasonably competent doctor would in the same situation to bring a lawsuit against a doctor or hospital.
- You must also show that the harm or injury you experienced was the result of negligence. It is well established that a delay in treatment for a spinal epidural abscess will probably cause substantial injury.
Your radiology studies and data will be obtained by our experienced medical malpractice attorneys. Together with our internal staff, we will thoroughly examine everything.
To confirm that you were the victim of medical misconduct, we will speak with leading medical authorities after conducting our review. If the medical professionals concur that you have a case, we will draft the court filings and other paperwork necessary to begin the procedure. Finally, we will bring a medical malpractice claim on your behalf.
How does medical malpractice lawyer deal with Spinal Epidural Abscess cases?
The first step is to determine whether you have a case at all and, if so, what kind of case. Remember, at Dennehy Law Firm we offer free consultations where this can be determined.
If we determine that you have a case and if you decide to work with us, we would collect your testimony of events that took place, symptoms, visits to health care providers, witnesses, and test results to determine the proper diagnosis and management that should have taken place and to negotiate a settlement.
Have you or a loved one suffered loss and pain due to failure to diagnose a spinal epidural abscess?
Get in touch today – we can help you obtain compensation for damages that you suffered.