Medical Malpractice

Situation:

Was failure to diagnose & treat the basis of medical malpractice?

We were called upon to represent a 28 yr old truck driver, who sustained a herniated disc in his low back after driving on a stretch of bad road.  He presented to West Suburban Hospital, Melrose Park, Illinois, with complaints of severe pain in his low back, radiating into his leg.  An MRI confirmed the presence of a herniated disc.  Surgery followed, during which the herniated disc was removed, and two vertebrae in our client’s low back were fused (permanently joined). The purpose of the fusion was to prevent the vertebral bones from collapsing onto eachother, causing further injury to the spinal nerves in the client’s low back.

Prior to discharge from the hospital, a CT, another type of radiographic film was taken on the surgically repaired area.  The CT showed that the fusion had come loose, and had moved into the client’s spinal canal, where the fusion matter came into direct contact with his spinal nerves.  This situation presented an emergency, requiring immediate surgery to remove the fusion matter from contact with the spinal nerves. Instead, the client was discharged from the hospital, where his medical condition rapidly deteriorated.

In the course of two days, the client lost feeling below his waist, could not walk, and lost bowel and bladder control.  He was diagnosed with cauda equina syndome, which in his case was permanent in nature.

At the time of his accident, our client was married with two teen-age children.  He had no history or back problems.

Successful Resolution: $2,500,000

The client now has limited use of his lower body, requires a catheter and other means to remove waste from his body, has difficulty walking, and has been declared permanently disabled by social security.

Suit was brought against the neurosurgeon and hospital for failing to diagnose and treat the failed fusion.

This case settled during the course of trial for more than $2.5 million.

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