Quick Answer: Can I Sue My Doctor For Failed Back Surgery?

What is failed back surgery syndrome?

Failed Back Surgery Syndrome (FBSS) refers to a subset of patients who have new or persistent pain after spinal surgery for back or leg pain..

What percentage of surgeries fail?

After two years, only 26 percent of those who had surgery had actually returned to work. That’s compared to 67 percent of patients who didn’t have the surgery, even though they had the same exact diagnosis. That translates to a resounding 74% failure rate!

What is the statute of limitations to sue a doctor?

The California medical malpractice statute of limitations limits potential plaintiffs to filing no later than 3 years after their injury. They may also file for up to 1 year after they discover the injury. It’s imperative to file a medical malpractice lawsuit as soon as possible after learning of the injury.

Can you mess up a spinal fusion?

Implant Failure in Spine Surgery An instrumented fusion can fail if there is not enough support to hold the spine while it is fusing. Therefore, spinal hardware (e.g. pedicle screws) may be used as an internal splint to hold the spine while it fuses after spine surgery.

Can you damage a spinal fusion?

Thankfully, most of the complications occur infrequently. The complications that can occur include those that would be associated with any type of surgery, such as infection, bleeding, and anesthetic complications. Another potential complication of spine fusion surgery in the low back includes any type of nerve damage.

Is failed back surgery syndrome a disability?

While the Social Security Administration (SSA) doesn’t recognize back surgery specifically as something that will get you a grant of automatic disability benefits, the pain caused by your surgery and your underlying back problems may be enough to get you SSDI or SSI disability benefits if you are unable to work.

What can be done for failed back surgery?

“Various medications, reoperations, interventions such as spinal cord stimulation, epidural adhesiolysis or epidural injection, exercise therapy, and psychotherapy have been suggested treatment options (for back pain). However, the evidence of the clinical outcome for each treatment has not been clearly determined.”

What happens if a spinal fusion fails?

After any spine surgery, a percentage of patients may still experience pain. This is called failed back or failed fusion syndrome, which is characterized by intractable pain and an inability to return to normal activities. Surgery may be able to fix the condition but not eliminate the pain.

How many years does a spinal fusion last?

For patients with the smallest surgery, lumbar disc herniation, pain after 4 years was rated 1 or 2 out of 10. For patients who had undergone the largest surgeries, long fusions, pre-op pain improved from 7/10 to 3 – 4/10 at four years.

How do you know if your back surgery failed?

In addition to chronic back pain, other symptoms of failed back surgery include neurological symptoms (eg, numbness, weakness, tingling sensations), leg pain, and radicular pain (pain that spreads from one area of the body to another, such as from your neck down to your arm).

How common is failed back surgery?

Up to 40% of patients have experienced continued pain after surgery, which is often referred to as Failed Back Surgery Syndrome (FBSS). Andrew H.

Can you sue for a failed surgery?

You may be able to sue a surgeon for failing to warn you of the risks of a procedure. For instance, you may have had back surgery only to come out of it with the same pain you had prior to the surgery; however, if the doctor informed you of this possibility, then you wouldn’t be able to sue him for medical malpractice.