Neurosurgical Errors and Medical Malpractice

Neurosurgery is one of the most delicate and difficult forms of surgery there is. Because so much is unknown about the brain, even an easily fixed error during the procedure could lead to irreparable damage in one person but not in another. It is one of the reasons why neurosurgeons are sued for malpractice more than any other specialty.

However, there is a difference between medical malpractice and acceptable risk, and brain surgery – no matter how routine, no matter how experienced the doctor – comes with a lot of acceptable risk. The issue, then, for victims in South Carolina and around the country is: how can we tell what neurological malpractice is and what it is not?

Defining medical malpractice

The legal definition of medical malpractice is “Improper, unskilled, or negligent treatment of a patient” by a healthcare professional. Proving negligence is one of the most important jobs a South Carolina medical malpractice attorney has, because it must be proven that:

• Your surgeon owed you a duty of care, as a patient
• The applicable standard of care was violated by your surgeon
• As a result, you suffered an injury
• That injury was the result of the substandard care

The burden of proof lies on us. It is not enough to prove that a mistake was made, because perfection is unobtainable; rather, we must prove that the mistake was borne out of negligence, and that it has caused you an injury of some kind as a result.

Common neurosurgical errors leading to injury

A negligent neurosurgeon can cause life-altering injuries, including permanent brain damage or paralysis, or even death. Some of the more common errors include:

• Failure to monitor a patient’s vital signs during the surgery
• Failing to detect swelling on the brain
• Misreading or failing to properly fill out a patient’s chart
• Cutting into the wrong section of the brain
• Cutting into the brain incorrectly, increasing the chances of a patient bleeding out or developing permanent scar tissue
• Performing unapproved or experimental procedures without permission
• Failing to inform a patient (or his or her guardian) about all of the potential risks and side effects
• Using too much or too little anesthesia
• Severing the nerves between the brain and the spinal cord
• Failing to administer proper aftercare

Accidents sometimes happen, and sometimes patient die on the operating table even if the surgery goes exactly how it should – but a negligent neurosurgeon could lead to hundreds of thousands of dollars in treatments, rehabilitations, home health care and lost wages, or even the loss of your loved one. It is crucial that you research neurosurgeons in all South Carolina hospitals before making the decision about whom to choose.

If you or your loved one suffered a life-altering brain injury as the result of neurological malpractice, the South Carolina medical negligence lawyers of McGowan, Hood, Felder & Phillips, and LLC want to hear from you. Please contact us to schedule a no-obligation consultation at one of our many offices.