A discectomy is a surgical procedure that is done to remove herniated disc material in a patient’s lower back that is pressing the nerve root or spinal cord or is degenerating. Herniated discs can be very painful and may severely limit an individual’s movement or activity.
Surgery is commonly required to remedy this condition and provide relief for the patient. A discectomy surgery may involve several steps and processes. This includes the use of a special microscope to view the discs and the removal of bone from the affected disc area.
These steps may pose an extra risk of injuries and complications related to the surgical discectomy procedure. Failed discectomies occur when there are issues related to the surgical procedure or the recovery process that may 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 of the symptoms of a failed discectomy only arise after some time has passed and a patient discovers that they still have paid or that their mobility is still limited. In these cases, there may be additional procedures, rehabilitation, or therapy that is required.
Who Can Be Held Liable for a Failed Discectomy Incident?
There are various parties that may be held liable for failed discectomy incidents, depending on the facts of the case. In many situations, it will be a surgeon or medical professional who can be held liable for the injuries that were caused by the failed discectomy surgery.
This can occur, for example, if a surgeon performs the surgery at the wrong location or if they somehow otherwise disregard safe operating procedures. In other cases, a failed discectomy incident can be traced to some type of defect with a medical product or device that was used in the procedure.
In these cases, the manufacturer of the medical product or device may be held liable for the injuries that were caused by the defective product. For more information on these issues, an individual should consult with a personal injury lawyer.
Are There Any Legal Remedies for a Failed Discectomy?
A failed discectomy may lead to severe injuries and may require legal action to resolve disputes regarding the incident. In these types of lawsuits, typically, a monetary damages award is the type of legal remedy that is provided to the injured party.
These monetary damages are intended to cover losses such as:
- Medical bills;
- Costs of additional surgeries;
- Medication expenses;
- Other surgery or injury-related costs.
In a case where an individual has missed work or has lost the ability to work, they may be provided a damages amount for their lost wages and lost earning capacity as well. In cases that involve a defective medical product or device, a product recall or a class action lawsuit may result.
What Is a Personal Injury Claim?
A personal injury claim is a type of lawsuit in which a plaintiff claims they have sustained some type of injury, whether it is mental, physical, or both, because of the defendant’s actions or failure to act. In these cases, courts may award a plaintiff money damages for personal injury.
What Are Defective Products?
A defective product is a commercial good that is not fit for consumer use, contains inadequate instructions, or has an issue that makes it unreasonably dangerous for its intended purpose. The legal claims that arise when an individual is injured by a defective product are referred to as product liability lawsuits.
An individual may file a product liability claim against a manufacturer or another party in the chain of distribution of a product when the defect in that product causes the individual to suffer physical harm. An individual may be able to show that there was an inherent flaw in the design of the product or that an error occurred during the manufacturing process that caused the product to be different from its original design. In that case, they may be able to recover monetary damages for their injuries.
There are three main categories of product defects that a products liability claim may be categorized as:
- Design defects: A design defect occurs during the original creation of a product. In other words, a product may have been designed in a manner that is inherently flawed, and thus, the defect does not stem from some error or incident caused by an external party like a manufacturer;
- Manufacturing defects: A manufacturing defect does not involve how the product is designed but, instead, how it is manufactured. In other words, the design may be perfectly safe, but the way that a manufacturer assembles the product makes it unsafe. Alternatively, a manufacturing defect can also arise if there is an error in the manufacturing process and the manufacturer fails to notice or fix it;
- Marketing or warning defects: Marketing or warning defects may include:
- Failure to warn consumers regarding the risks of using a product;
- Not providing proper instructions;
- Placing an inadequate warning label on a product; or
- Advertising a product in a way that encourages improper use.
Each category of defect listed above has its own procedural requirements and elements that must be proven. It is also important to note that there are other ways in which products may injure an individual, such as if they contain a hidden defect, for example, a toxic chemical, or if they cause an unknown side effect.
What Is a Defective Products Class Action?
Class action lawsuits are lawsuits that are filed by a plaintiff representative on behalf of a larger group of individuals who have very similar issues. A class action lawsuit can help reduce the costs of litigation as well as increase judicial efficiency.
The process to initiate and litigate a class action lawsuit, however, may be complicated. There must be a named party who represents the whole class of injured individuals.
The class in the lawsuit also has to be certified in accordance with certain legal standards. All of the requirements and elements for a particular issue must be satisfied to prove the claim and succeed in the lawsuit.
Defective product class action lawsuits are lawsuits that are based on claims for a defective product that has harmed many individuals in a very similar or the same manner. For example, suppose there was a large awards show in a large city.
At that show, the thousands of attendees were all served the same type of salad. It could be possible to show that each attendee who ate the salad suffered an adverse side effect because the salad contained harmful bacteria, such as E.coli. In that case, all of the attendees may be able to certify themselves as a class.
These individuals may be able to bring a defective products class action lawsuit against the manufacturer or distributor of the food. In certain states, retailers may also be held liable.
Do I Need a Lawyer for Help With a Failed Discectomy Lawsuit?
If you have suffered injuries or complications due to a failed discectomy surgery, it is essential to consult with a class action lawyer as soon as possible. A failed discectomy may involve complex personal injury laws.
In addition, your symptoms may not have appeared right away. This delay can affect the timelines for filing your claim as well as other procedural issues.
Your lawyer can provide you with advice on all of these issues, help you file your claim, and present it with complex medical evidence that is required in these types of cases. It is also common for these types of cases to be settled outside of court.
It is essential to have your attorney representing you during any negotiations to ensure you receive a fair settlement offer and sufficient compensation for your injuries and losses.
