Spinal stenosis is a condition in which the open areas inside the spinal vertebrae become more narrow. The narrowing results in the application of pressure on the spinal cord. Spinal stenosis occurs most frequently in the lower back and neck.
Symptoms of the neck vary from no pain at all to numbness, weakness, or tingling in the hand, arm, foot, or leg. In the lower back, the symptoms can include pain or cramping, especially when standing or sitting for long periods of time. Spinal stenosis often affects a person in the neck.
This medical condition can be caused by various factors. These may include an overgrowth of bone, herniated discs, tumors, thickened ligaments, spinal injury, or other causes. However, spinal stenosis can be due to purely natural causes as well. In fact, one of the most common causes of the condition is wear-and-tear damage in the spine related to arthritis. People who have serious spinal stenosis may experience relief of their symptoms after surgery.
Spinal stenosis can lead to various other medical conditions and can create long-term issues as well.
What Is Negligence in a Spinal Stenosis Claim?
Depending on the facts, a person who develops spinal stenosis because of an injury caused by another person may be in a position to bring a personal injury lawsuit against that person. Personal injury includes harm caused by both negligence, e.g., an accident or intentional actions.
Negligence is when a person is liable to another because they engaged in careless conduct that breaches a duty of care that they owe. The breach is then the direct cause of harm to the victim. It is generally defined as the failure to use the amount of care an ordinary person would take in similar or the same circumstances. The harm caused may be damage to property or personal injury.
For example, we all owe a duty of care to the other drivers, bike riders, and pedestrians who use the roads on which we drive. A person may drive at a speed that is way over the speed limit, and their speeding causes an accident. In that case, the person is liable to anyone who suffers harm, whether it is property damage or personal injury.
To be successful when filing a claim based on negligence, a victim must show the defendant’s liability by proving four elements. These elements are:
- Duty Owed to the Victim: The victim must prove that the person who harmed them owed them a positive duty of care. For example, a doctor who treats a patient owes them a duty of care.
- Breach of the Duty: The victim must prove that the defendant failed to fulfill the duty owed to the victim. An example of this is when a medical professional fails to provide medical treatment that meets the standard of care for similar professionals in their community. This could happen during a spinal operation and result in spinal stenosis.
- Causation: The victim must prove that the defendant’s breach of their duty of care was the direct cause of their injury, e.g., spinal stenosis.
- Damages: The victim must be able to calculate and prove the amount of their loss caused by the harm. This can be calculated based on factors such as medical bills, property damage, and other costs.
A negligence claim is often filed when the spinal injury occurred because of an accident caused by the defendant’s negligence, such as a car accident or a slip and fall incident. A failed surgery or surgical malpractice during a surgical procedure is another common cause of spinal stenosis.
Damages in a spinal stenosis claim may cover various losses experienced by the injured party, including economic losses such as lost wages and the cost of medical care, as well as non-economic losses such as pain and suffering.
What if a Person Has Intentionally Caused My Injury?
A person who is injured intentionally by another person may sue under the law of intentional torts. An example of this would be if the spinal injury resulted from a physical attack, i.e., battery. In such cases, the victim must prove their case by showing that the defendant intentionally contacted the victim in a harmful or offensive manner and, in doing so, injured the victim. Intentional injuries may also serve as the basis of criminal charges as well.
What if a Defective Product Caused the Spinal Stenosis?
In some cases, spinal stenosis may be caused by a defective product. An example of this is when a medical instrument fails during spinal surgery or a medical procedure on the spine, resulting in a spinal stenosis injury. In such cases, it may be possible to file suit for the spinal injuries that were directly caused by the defective product.
In cases in which a defective product is at issue, a lawsuit for strict product liability may be filed against the manufacturer and distributor of the defective product. Here, the injured party may bring suit based on various types of defects under product liability laws.
For instance, they may be able to sue for a design defect in a product or a manufacturing defect. This would be the approach if there is something wrong with the way that the medical device or instrument was designed or manufactured, e.g., with faulty materials.
Under a design defect legal theory, the victim would need to prove that there was a defect in the way that the product was designed. A person would not have to prove that the faulty design arose because of negligence on the part of the designer. Rather, the person would only have to prove that the design was faulty in some manner and the faulty design caused the person’s injuries.
Lastly, product defect laws also include options for filing lawsuits where there is a warning defect. This can happen, for example, if there are insufficient warning labels on the medical device, incorrect warnings in the manual, or other similar defects in the quality of information that is provided to users of a product. Thus, spinal stenosis lawsuits can sometimes involve various different theories of liability, depending on exactly how the injury came about.
What Is the Average Settlement for Spinal Stenosis Lawsuits?
Spinal stenosis is a complex medical condition. Some cases can involve various challenging legal issues, e.g., proving medical malpractice. In addition, of course, not all cases of spinal stenosis are the same. Some may be more serious than others. It is difficult to identify an average settlement for the reason that every case is different.
Should I Contact a Personal Injury Attorney About Filing a Spinal Stenosis Lawsuit?
A person who thinks that they may have grounds for a lawsuit seeking damages for their spinal stenosis wants to consult a local personal injury attorney about their particular condition.
LegalMatch.com can connect you to an experienced attorney. Your attorney will investigate and analyze the facts of your case. They will advise you about whether the facts support a lawsuit for negligence or strict product liability. The attorney can advise you of your legal rights and provide you with the professional legal assistance you need for your lawsuit.
