Neurosurgery Malpractice

Neurosurgery malpractice occurs when a neurosurgeon fails to provide care that meets the accepted standard, resulting in harm to the patient. Neurosurgeons specialize in diagnosing and treating disorders of the brain, spine, and nervous system through surgical interventions. When errors are made due to negligence, the consequences are often catastrophic and life-altering.

This area of medicine carries one of the highest risks of malpractice claims, with nearly all neurosurgeons in the United States being named as defendants in a claim at some point in their careers. In New York specifically, neurosurgery cases account for 15.9% of cranial surgery malpractice claims nationwide, making it the state with the highest volume of such cases. The inherent complexity of neurosurgical procedures, combined with the severity of potential complications, creates a scenario where even minor mistakes can result in devastating outcomes.

If you've suffered harm due to a neurosurgeon's negligence in the State of New York, you may be a victim of neurosurgery malpractice and can be entitled to financial compensation for your losses.

New York Neurosurgery Malpractice Attorneys Fighting for Your Rights

If you or a loved one has been injured due to a neurosurgeon’s negligence, the Porter Law Group is here to help. Our experienced New York medical malpractice lawyers are dedicated to holding negligent medical professionals accountable and securing the compensation our clients deserve. We understand the physical, emotional, and financial toll that neurosurgery malpractice can take on victims and their families, and we are committed to providing compassionate legal representation.

Neurosurgeons perform delicate operations on the brain, spine, and nervous system, where the margin for error is exceptionally small and the stakes are extraordinarily high. Our attorneys have extensive experience handling these complex cases and work with board-certified medical experts to build strong cases that hold negligent neurosurgeons accountable.

We work on a contingency fee basis, so there are no fees unless we win your case. Call 833-PORTER9 or email info@porterlawteam.com to schedule a free, no-obligation case evaluation today.

What is Neurosurgery Malpractice?

Neurosurgery malpractice occurs when a neurosurgeon fails to meet the acceptable standards of professional care during treatment, resulting in serious injury or even death of the patient. These cases are especially complex due to the invasive and high-risk nature of brain and spinal surgeries.

Common Types of Neurosurgery Malpractice

Surgical Errors and Complications 

Perioperative complications represent the most common category of neurosurgery malpractice, accounting for 38.1% of claims. Technical errors during procedures constitute approximately 27.8% of all neurosurgical errors, including:

• Failure to monitor vital signs during surgery
• Operating on the wrong area of the brain
• Improper manipulation of brain tissue causing bleeding or permanent damage
• Failure to detect or manage brain swelling
• Equipment failures and contamination issues
• Damage to surrounding healthy tissue or structures

Diagnostic Failures 

Delayed treatment and failure to diagnose account for significant portions of neurosurgery malpractice claims, representing 15.9% and 15.1% of cases respectively. These errors often involve:

• Misreading or failing to interpret brain imaging studies
• Delayed diagnosis of strokes or brain infections
• Failure to identify  aneurysms or abnormal arteries during procedures
• Inadequate post-operative monitoring and care
• Failure to diagnose or misdiagnosis of brain tumors, aneurysms, or other neurological conditions

Spinal Surgery Complications 

Spinal surgery cases constitute the majority of neurosurgical litigation, with 56% of closed claims involving spinal procedures. These cases often involve catastrophic injuries including paralysis and permanent disability. Common errors include:

• Damage to the spinal cord during laminectomy procedures
• Failure to monitor spinal cord integrity during surgery
• Inadequate response to post-operative complications such as epidural hematomas
• Improper use of anesthesia or medication, leading to brain damage or other adverse effects

Legal Framework for Neurosurgery Malpractice in New York

Statute of Limitations

New York's medical malpractice statute of limitations generally requires lawsuits to be filed within two years and six months (30 months) from the date of the alleged malpractice or the end of continuous treatment. However, important exceptions exist:

Lavern's Law provides extended protections for cancer-related cases, allowing patients 2.5 years from the date of discovery of the malpractice, with an overall cap of seven years from the actual date of the alleged malpractice.

For injured minors, the statute is extended until the child turns 18, but cannot exceed 10 years from the date of malpractice.

Certificate of Merit Requirement

All medical malpractice lawsuits in New York must include a Certificate of Merit, filed with the original complaint. This document certifies that the plaintiff's attorney consulted with a qualified medical expert who believes the case has merit and that the healthcare provider deviated from acceptable medical practices, resulting in injury.

Expert Witness Requirements

New York mandates that expert witnesses in neurosurgery cases be highly qualified, board-certified physicians with relevant experience. They must be certified by a board recognized by the American Board of Medical Specialties, and demonstrate competence through active practice, publication, or teaching within three of the last five years before offering testimony.

What Injuries Result From Neurosurgery Malpractice?

Neurosurgery malpractice can result in severe and life-altering injuries, such as:

• Brain damage and cognitive impairments
• Paralysis or loss of mobility
• Stroke and neurological deterioration
• Seizures and epilepsy
• Permanent nerve damage
• Loss of motor function and coordination
• Speech and language disorders
• Memory loss or cognitive decline
• Chronic pain syndromes
• Infection and other complications
• Wrongful death

These injuries often require extensive medical treatment, rehabilitation, and long-term care, creating enormous financial and emotional burdens for patients and their families.

What Type of Damages Can I Recover as a Victim of Neurosurgery Malpractice?

New York does not impose caps on medical malpractice damage awards, meaning juries are free to award any amount they deem appropriate. If you've been a victim of neurosurgery malpractice, you may be entitled to compensation for:

Economic Damages

• Medical expenses (past and future)
• Loss of income and earning capacity
• Rehabilitation and therapy costs
• Long-term care and assistance needs
• Assistive devices and home modifications

Non-Economic Damages

• Pain and suffering
• Permanent disability
• Reduced quality of life
• Emotional trauma and mental anguish
• Loss of enjoyment of life
• Loss of consortium (for spouses)

Special Circumstances

• Wrongful death damages for surviving family members

Neurosurgery cases result in some of the highest verdicts and settlements in medical malpractice litigation. According to data:

• The average indemnity in closed neurosurgery claims is $439,146, the highest among all medical specialties
• The median settlement amount for cranial neurosurgery cases is $950,000
• Average plaintiff rulings reach $2,750,000
• One notable case resulted in a $28.1 million award
• A recent Westchester County case ended in a $120 million verdict for a delayed stroke diagnosis

How Are Neurosurgery Malpractice Cases Decided?

To successfully recover compensation for a neurosurgery malpractice case, you need to demonstrate the four essential elements of medical negligence:

1. Professional Duty: There was a professional duty of care owed to you by the neurosurgeon.
2. Breach of Duty: There was a failure to enact this professional duty of care.
3. Causation: This failure resulted in injuries.
4. Damages: You have suffered quantifiable damages.

Neurosurgery is an inherently risky procedure, so mere allegations of malpractice after showing that you have been injured is not enough to recover financial compensation. You will need a medical expert who can examine your case and testify on your behalf about the veracity of your malpractice claim.

In neurosurgical cases, proving breach of the standard of care can be particularly challenging, as the standard is broad and accounts for most recognized, inherent risks of complex procedures. The plaintiff must demonstrate that the injury was both the direct result of the defendant's actions and within the realm of reasonable possibility in the clinical scenario.

Frequently Asked Questions About Neurosurgery Malpractice

Q: How common are neurosurgery malpractice cases? 

Nearly all neurosurgeons face a malpractice claim during their careers. Approximately 20% of neurosurgeons are involved in such claims each year, making it one of the highest-risk medical specialties.

Q: What makes neurosurgery malpractice cases different from other medical malpractice claims? 

Neurosurgery cases are exceptionally complex due to the intricate nature of brain and spinal procedures. The stakes are higher, potential damages are more severe, and the standard of care considerations are more nuanced given the inherent risks of neurosurgical procedures.

Q: How long do I have to file a neurosurgery malpractice lawsuit in New York? 

Generally, you have 2.5 years (30 months) from the date of malpractice or end of continuous treatment. However, exceptions exist for minors and certain cancer-related cases under Lavern's Law.

Q: Can I sue if my neurosurgeon warned me about the risks that occurred? 

Yes, potentially. While informed consent protects against known risks, it doesn't shield neurosurgeons from liability for negligent care that falls below professional standards. The key question is whether the complication resulted from negligence or was an unavoidable risk of the procedure.

Q: How much does it cost to hire a neurosurgery malpractice attorney? 

The Porter Law Group works on a contingency fee basis, meaning you pay no attorney fees unless we win your case. We also provide free consultations to evaluate your potential claim.

Q: What if multiple doctors were involved in my care? 

We can pursue claims against all responsible parties, including the primary neurosurgeon, assisting surgeons, anesthesiologists, nurses, and even the hospital itself. Our thorough investigation identifies all potential defendants.

Q: How long do neurosurgery malpractice cases typically take? 

These complex cases often take two to four years to resolve, depending on the medical complexity, number of defendants, and whether the case settles or goes to trial. We work diligently to resolve cases as efficiently as possible while maximizing recovery.

Injured by Medical Malpractice in New York?

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Why Choose the Porter Law Group?

The lawyers at the Porter Law Group have decades of experience representing individuals and families whose lives have been devastated by catastrophic injuries. We have obtained some of the largest settlements and verdicts in courts throughout the State of New York. We are a state-wide firm that handles cases with a hometown feel.

Our clients come to us looking for guidance and answers. With seasoned trial lawyers, the Porter Law Group has the resources necessary to help you navigate the most complex cases, against goliath insurance companies that will stop at nothing to prevent you from receiving the compensation you deserve.  

You only get one chance to hire the best lawyer for you and your family.  Hire the lawyers most recommended by former clients and local attorneys, and the firm that obtains superior results. 

When you or a loved one’s life has been devastated by a serious personal injury in New York, don’t hire a lawyer without calling the Porter Law Group to learn why so many of our clients are thankful they trusted us with their case in their time of need.     

Contact a New York Neurosurgery Malpractice Lawyer Today

If you suspect that you or a loved one were a victim of neurosurgery malpractice, it is crucial to seek legal help as soon as possible. The Porter Law Group has the knowledge, experience, and resources to investigate your case, gather evidence, and fight for your rights.

Being injured, or taking care of an injured family member is enough trouble. Focus on recovery, and let the experienced medical malpractice lawyers of the Porter Law Group handle these complex matters. We have recovered millions of dollars in financial compensation for medical malpractice victims all over New York. As such, we stand ready to put our skills and resources to work and get you and your family the financial compensation you deserve.

Given the high-risk nature of neurosurgery and the potential for catastrophic injuries, it's essential to have experienced legal representation that understands both the medical and legal complexities involved. Our attorneys work tirelessly to hold negligent neurosurgeons accountable and secure the justice and compensation you deserve.

Call us at 833-PORTER9 or email info@porterlawteam.com to schedule a free consultation with one of our dedicated New York medical malpractice attorneys.

*Prior results do not guarantee a similar outcome.