Failure to Diagnose or Treat a Spinal Abscess
Spinal abscesses not only cause severe pain but can also lead to permanent detriments if they are not adequately addressed. As such, a prompt diagnosis and appropriate care are vital to avoiding critical harm. Unfortunately, though, doctors often ignore symptoms of spinal abscesses until it is too late to prevent life-altering injuries. If you or someone you love suffered damages due to a physician’s failure to diagnose or treat a spinal abscess, you have the right to seek compensation for your losses, and you should speak to an attorney as soon as possible. The skilled medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers have experience with helping people where there was a delay in diagnosis and treatment of a spinal abscess. We represent people throughout Upstate, New York, with our main office in Syracuse and 9 additional satellite offices for your convenience.Harm Caused by the Failure to Diagnose or Treat a Spinal Abscess
A spinal abscess is an infection in the space between the vertebrae or in the dura matter, which is the tissue that surrounds the spinal column. Although spinal abscesses rarely occur, they can be fatal if left untreated. They can also cause paralysis, brain abscesses, chronic back pain, and permanent injuries to the nervous system. A timely diagnosis and appropriate care are, therefore, critical to a good prognosis.
Spinal abscesses usually arise after bacteria or fungus enters the body after an epidural or surgical procedure. Signs of a spinal abscess include fever, pain at the injection or surgical site, back pain, and incontinence. If a doctor suspects a patient is suffering from a spinal abscess, they usually perform diagnostic tests, such as CT scans and MRIs. Treatment may include administering antibiotics, draining the abscess, and surgery.Elements of a Lawsuit Arising Out of the Failure to Diagnose or Treat a Spinal Abscess
People injured by a doctor’s failure to diagnose or treat a spinal abscess may be able to recover damages via a medical malpractice lawsuit. Under New York law, a plaintiff in a medical malpractice case must establish that the doctor had a duty to offer treatment that meets the accepted community standards of the practice of medicine. This duty arises out of the existence of a doctor-patient relationship. The plaintiff then must show that the defendant breached the duty owed by deviating from the accepted practice in some way. Finally, the plaintiff has to establish that the defendant’s breach proximately caused the plaintiff’s harm. In other words, that the plaintiff would not have sustained damages had the defendant complied with the accepted community standard.
As in most cases, the judge or jury deciding liability in a medical malpractice case will have no independent knowledge regarding what standard of care applies, the plaintiff will typically have to hire an expert to explain the applicable standard and to offer an opinion on the manner in which the defendant deviated from the standard. Expert testimony may be necessary to explain the extent of the plaintiff’s losses as well. A plaintiff that adequately demonstrates a defendant’s fault in a medical malpractice case may be awarded compensation for their economic harm, like the cost of any necessary medical care, lost wages, and out-of-pocket expenses. They may also be able to recover damages for their intangible losses, like the mental anguish, suffering, and pain they endured due to their injuries.Consult With Our Medical Malpractice Lawyers
People with spinal abscesses can recover quickly with appropriate care, but the failure to timely diagnose or treat a spinal abscess can cause irreparable losses. If you were injured by a physician’s failure to provide you with a timely diagnosis or treatment, you may be owed compensation, and you should speak to a lawyer promptly. The capable medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyer are proficient at proving doctors should be held responsible for the harm they cause, and if we represent you, we will gather the evidence needed to provide you with the best chance for a successful outcome. We frequently represent people in medical malpractice cases in Syracuse, where our primary office is located, and in all other cities throughout Upstate New York. You can contact us via our form online or by calling 833-200-2000 to set up a free and confidential consultation.