Discectomy is a surgical procedure to remove herniated disc material in the lower back that is pressing on the spinal cord or nerve root, or is degenerating. This type of condition can be very painful and can severely limit movement or activity in the person. Thus, surgery is often required to remedy the condition and provide relief for the patient.

Discectomies can involve several steps and processes, including the use of special microscopes to view the discs, and removal of bones from the affected disc area. These additional steps can pose extra risks of injury and complication in relation to the surgical discectomy procedure.

A failed discectomy occurs when there are problems in relation to the surgical procedure or the recovery process. This can result in:

  • Additional injury to the patient, including nerve damage or spinal cord damage
  • Recurrence of symptoms
  • Worsening or chronic back pain
  • Severe, isolated back pain

Many failed discectomy symptoms surface only after some time has passed and the patient discovers that they still have pain, or that their mobility is still limited. In such cases, additional procedures, rehabilitation, or therapy may be required.

Who Can be Held Liable for a Failed Discectomy Incident?

Various parties can be held liable for a failed discectomy incident, depending on the facts of the situation. In many cases, it is the surgeon or medical professional who can be held liable for injuries caused by a failed discectomy. This can happen for instance if the surgeon performs at the wrong site, or if they otherwise disregard safe operating procedures.

In many other cases, failed discectomy incidents can be traceable to some sort of defect with a medical product or device that was used in the procedure. In such cases, the manufacturer of the device can be held liable for injuries caused by the defective product.

Are There any Legal Remedies for a Failed Discectomy?

Failed discectomies can lead to severe injury and can require legal action to resolve conflicts or disputes about the incident. In these types of injury lawsuits, a monetary damages award is the typical type of legal remedy that is issued to the injured party. The damages will cover losses like medical bills, costs of additional surgeries, medication expenses, and other costs. In cases where the person has missed work, or has lost the ability to work, they may be issued damages for lost wages or lost earning capacity as well.

Lastly, in cases involving defective medical products or devices, a product recall or a class action lawsuit may result as well.

Do I Need a Lawyer for Help with a Failed Discectomy Lawsuit?

Failed discectomies can involve some complex injury laws. Symptoms may often arise much later after a surgery has been complete; this can affect issues like filing deadlines and other procedural matters. You may need to hire a personal injury lawyer in your area if you need help with a lawsuit. Your attorney can provide advice and representation during the process.