Quadriplegia occurs when the nerve signals traveling through the spinal cord are disrupted. As a result, the patient experiences partial or total loss of control and movement in all four limbs. You may have grounds for a malpractice case if the quadriplegia stemmed from medical negligence such as surgical errors, mistakes in anesthesia, improper postoperative care, or misdiagnosis of spinal conditions.
Compensation can cover bills for pain management, adaptive equipment, ongoing care, and assistance, among other needs. However, you must prove that the medical provider was careless in order to pursue it. A Florida medical malpractice lawyer can walk you through and advocate for you throughout the process.
Can You Recover Compensation For Quadriplegia From Medical Negligence?
Yes, when a healthcare practitioner makes a negligent medical error that causes quadriplegia, compensation could be available. To secure compensation, you must prove that the professional owed you a duty of care, breached that duty, and caused spinal cord damage resulting in quadriplegia.
Quadriplegia can upend your way of life as you know it, and the compensation you recover should mirror that. It’s common for patients with this condition to qualify for the following damages:
- Medical expenses
- Loss of income
- Future loss of earning capacity
- Loss of enjoyment of life
- Mental anguish
- Pain and suffering
Sometimes, patients with quadriplegia can die from related complications. If that’s how your loved one passed away, one of our Florida wrongful death lawyers can help you seek damages for their medical treatment and funeral costs, in addition to the emotional losses the beneficiaries faced.
How Can Medical Malpractice Cause Quadriplegia?
According to Cleveland Clinic, someone suffers from quadriplegia when the nerve signals that go up and down their spinal cord are damaged. Consequently, they can have incomplete or complete paralysis in both arms and legs.
Common medical errors that may lead to quadriplegia include:
- Delayed diagnosis or misdiagnosis of a spinal condition
- Lack of oxygen and blood flow during a procedure
- Failure to properly mobilize a patient at an accident scene
- Surgical errors that damage the spinal cord in the neck area
- Improper administration of anesthesia
- Failure to administer proper testing
- Poor postoperative care if the medical professional didn’t treat infections or blood clots
The point our personal injury lawyers in Florida will strive to get across is not that the injury just occurred, but that it could have been avoided. That is, the medical provider didn’t uphold their duty of care, and it directly caused quadriplegia. We will launch in-depth investigation into how they caused this preventable injury, collect various forms of documentation, and interview expert witnesses to prove negligence.
How Do The Symptoms And Long-Term Effects Of Quadriplegia Affect A Case?
The symptoms of quadriplegia will depend on the exact location of the injury, as well as its severity. Common signs of quadriplegia include:
- Total or partial paralysis in the arms, legs, torso, and neck
- Muscle weakness
- Poor coordination and balance
- Trouble breathing
- Loss or compromised sensation
- Loss of bladder or bowel control
- Loss of fine motor control
- Changes in memory, mood, and focus
On top of the physical and cognitive changes, quadriplegia inflicts psychological and emotional turmoil on someone. Quadriplegia is often permanent, and patients may have life-long needs and complications. One of our attorneys will work to ensure that the total compensation will encompass all the ways this condition has affected your life and the lives of your loved ones.
Which Parties Could Be Liable For Malpractice Resulting In Quadriplegia?
Liability in medical malpractice cases can be especially complicated since more than one provider could be involved. We may find that at least one of these parties is to blame:
- Surgeons, if they made an error that damages the nerve fibers in the cervical spine during surgery
- The medical facility, if it failed to carry out proper hiring practices, safety protocols, or patient monitoring
- Anesthesiologists, if they didn’t properly administer anesthesia and the patient suffered oxygen deprivation
- Paramedics, if they didn’t move or position the patient properly before transporting them to the hospital
- Neurologists, if they misdiagnosed or diagnosed a spinal or brain condition late
- Emergency room doctors, if they missed the signs of potential quadriplegia
It’s possible for multiple parties to be responsible for what happened. It’s hard to tell sometimes due to the complex insurance policies and the employees’ relationships to the facility at which they work. No matter how many are at fault, we will apply the standard of negligence to each one so that you can get full and fair compensation.
Elements Of Negligence In A Malpractice Claim
When seeking compensation for malpractice, attorneys must demonstrate the following elements:
- Duty of care: The medical professional had a duty of care to the patient.
- Breach of the standard of care: The standard of care establishes the level of care expected of reasonably competent providers in similar situations. Lawyers must show that the doctor or other provider breached this standard of care.
- Causation: The provider’s actions, or lack of actions, caused the patient’s quadriplegia.
- Damages: This negligence has led to high medical bills, lost income, pain and suffering, and impaired quality of life.
It’s important to note that Florida requires expert medical testimony to support malpractice claims. It will play a key role in not just demonstrating the healthcare practitioner’s medical error, but also how the effects of it have wreaked havoc on your or your loved one’s life.
How Long Do You Have To File For Compensation for Quadriplegia?
There’s not a lot of time to file a case for compensation. According to Florida Statutes § 95.11, you typically have two years from the day you discovered or should have discovered that the malpractice occurred. If you don’t file by the end of the two years, you may lose your right to sue the liable party altogether. However, many circumstances could impact this deadline, so you could have longer to file your claim.
On top of meeting the deadline, some of the required evidence is time sensitive. To build the strongest case possible, we encourage you to get with our attorneys today. We can help you understand your rights and options all while working to file on time.
Call Us For Help With Your Malpractice Claim for Quadriplegia
If you or a loved one is suffering from quadriplegia due to medical malpractice, our team is here to help you pursue compensation. Contact Anidiar & Levine today for a free consultation.
We Can Help.
