Spinal surgery malpractice in Louisiana can result in devastating, permanent injuries such as paralysis, chronic pain, and loss of mobility. These cases require a deep understanding of medical standards and Louisiana malpractice law. If a preventable surgical error changed your life, you may be entitled to compensation for your long-term care, lost income, and suffering. Acting quickly with the support of an experienced New Orleans legal team is critical to protecting your rights.
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Surgical Mistakes Can Lead to Life-Changing Spinal Injuries
Spinal surgery is one of the most complex procedures in modern medicine. It requires expert planning, careful execution, and precise post-operative care. At Capitelli & Wicker, our New Orleans-based attorneys have represented clients across Louisiana who suffered severe and permanent injuries due to surgical malpractice. Whether the error involves improper surgical technique, negligent post-operative monitoring, or a delayed response to complications, these cases can result in life-altering outcomes.
We handle a wide range of medical malpractice claims involving spinal injuries, from surgical errors and misdiagnosis to prescription medication mistakes. These claims often begin with a missed diagnosis or delayed treatment and quickly escalate into avoidable complications. A misplaced screw, a failure to detect internal bleeding, or a miscalculated anesthesia dosage (as explored in our blog on anesthesia-related brain damage) can change the trajectory of a person’s life.
To bring a successful claim, patients must first navigate Louisiana’s complex legal process. Under the Louisiana Medical Malpractice Act, all claims must be reviewed by a medical panel before proceeding. As explained in our post on how a medical review panel’s opinion affects your case, this step can significantly influence your ability to move forward with a lawsuit.
The Most Common Spinal Surgery Errors That Lead to Malpractice Claims
In our experience, several types of errors frequently appear in spinal surgery malpractice cases. These include:
- Improper placement of surgical hardware that damages nerves or the spinal cord
- Failure to control bleeding or monitor spinal fluid during surgery
- Failure to diagnose post-surgical complications like infections or fluid buildup
- Errors in anesthesia administration resulting in oxygen deprivation or cognitive damage
- Surgery performed on the wrong spinal segment
Spinal surgery malpractice also frequently overlaps with infection and amputation claims. If an infection is not properly treated or identified early, it can spread rapidly and lead to permanent nerve damage or loss of mobility. Cases involving physician assistants are also increasingly common, and patients often ask whether they can sue a physician assistant for malpractice. The answer is yes, if the assistant acted outside their training or failed to meet the standard of care.
The Long-Term Impact of Spinal Malpractice Injuries
Spinal cord damage often results in long-term or permanent disability. Patients may face:
- Paralysis in the lower or upper limbs
- Loss of bowel or bladder control
- Chronic pain that requires ongoing treatment
- Dependency on assistive equipment for daily activities
- Emotional and psychological trauma
- Inability to work or live independently
In many cases, these injuries are accompanied by financial stress, relationship breakdowns, and long-term caregiving needs. At Capitelli & Wicker, we approach every case with empathy and attention to detail, ensuring that we seek compensation for both current and future losses.
For example, the Louisiana loss of chance doctrine may apply in cases where a surgical error reduced a patient’s chance of recovery or survival. Even if a full recovery was unlikely, the law recognizes that losing the opportunity for a better outcome still has value.
What You Need to Prove in a Spinal Malpractice Case
To bring a malpractice case for spinal surgery errors, the patient must show that the provider breached the standard of care and that the breach directly caused harm. This typically requires testimony from independent medical experts and a detailed understanding of what went wrong and why.
If defective surgical tools contributed to the error, our attorneys may also pursue a products liability claim. These cases can include contaminated surgical implants or improperly designed hardware that fails during the procedure.
Additionally, Louisiana imposes strict limits on what you can recover. The cap on medical malpractice damages limits payouts in many cases, which makes it even more important to have a legal team that knows how to maximize your recovery.
Why Legal Experience Matters in Spinal Malpractice Cases
At Capitelli & Wicker, we are known for our work in complex litigation, including medical negligence. Our team helped achieve a landmark Louisiana Supreme Court ruling that expanded protections for patients and reinforced accountability among providers.
We combine legal precision with medical insight, using every available resource to build strong, evidence-backed claims.
We are here to help you protect your future, hold negligent providers accountable, and pursue full and fair compensation under Louisiana law. You can also visit our FAQs to learn more about what to expect.
Speak to a Louisiana Malpractice Attorney Today
If you or a loved one is living with the consequences of spinal surgery malpractice, the first step is understanding your legal options. Contact Capitelli & Wicker today to schedule a private consultation. We are here to help you protect your future, hold negligent providers accountable, and pursue full and fair compensation under Louisiana law. You can also visit our FAQs to learn more about what to expect.
FAQs: Can Malpractice During Spinal Surgery in Louisiana Lead to Lifelong Disability?
- What types of spinal surgery errors are considered malpractice?
Malpractice may include operating on the wrong spinal level, damaging nerves or the spinal cord, failing to monitor for complications, or not responding to signs of infection or bleeding after surgery. - Can a surgeon be held responsible if I am paralyzed after spinal surgery?
Yes, if the paralysis resulted from a preventable error or a failure to meet the standard of care, the surgeon and possibly other providers involved in your care may be held legally responsible. - What compensation can I recover in a spinal surgery malpractice case?
You may be eligible to recover damages for medical bills, rehabilitation costs, lost wages, pain and suffering, and long-term care needs such as home modifications or assistive equipment. - How do I prove that malpractice caused my spinal injury?
A successful case typically requires expert testimony showing that your injury was caused by a healthcare provider’s negligence. Medical records and evidence of your condition before and after surgery are also critical. - Do I need to go through a medical review panel in Louisiana?
Yes. Louisiana law requires most malpractice claims to be reviewed by a panel of medical professionals before a lawsuit can be filed in court. Their opinion plays a key role in the case process. - How soon should I contact a lawyer after spinal surgery complications?
As soon as possible. Louisiana has a short window to file malpractice claims, and early investigation improves your chances of building a strong case. A lawyer can help you understand your timeline and next steps.
