“We fight hard for our clients to ensure they receive justice for their losses.
By Osborne & Francis
December 14, 2023
$7.5 Million Obtained for a Client in a Spinal Injury Medical Malpractice Settlement
Our client was rendered a quadriplegic after neck surgery. Through investigation, we determined a medical product was used improperly at the time of surgery which caused compression of the spinal cord. We obtained a significant compensation award on their behalf.
Medical malpractice cases often involve serious, debilitating injuries that can have permanent, life-altering impacts on the patient and their family. Such cases can be complex and may involve highly nuanced legal issues and concepts.
In such instances, financial compensation may be needed to help the injured person and their loved ones deal with the mounting financial challenges they may be facing. Legal action is often the best way to ensure that the patient is fully compensated under the law.
At Osborne & Francis, our lawyers have an extensive track record of securing significant financial assistance for our medical malpractice clients. Below, we discuss one of our most significant malpractice cases to date. If you or a loved one need legal representation for a medical malpractice issue, contact us at (561) 293-2600 to discuss your rights and options. Read on to learn more about our client’s spinal surgery medical malpractice case.
One of Our Biggest Florida Medical Malpractice Settlements
In this case, we represented a man in his 50s who presented to the emergency room with severe neck pain and neurologic symptoms. An MRI demonstrated severe cervical myelopathy at C5-C6, and a cervical discectomy and fusion were recommended by the surgeon.
After surgery, our client was found to have no discernible motor function in his legs. The patient was taken back to the operating room for presumed spinal cord compression. However, no clear cause of the compression was found. He never recovered use of his legs and is now paralyzed from the waist down.
Our investigation determined that the surgeon applied DuraSeal during the initial surgery as a means to repair the dural and help prevent a spinal fluid leak. However, the actual DuraSeal that was used was only indicated during brain surgery and is not to be used during cervical spine surgery given its propensity to swell especially in narrow bony spaces. The swelling of the DuraSeal caused the spinal cord compression in our client leading to the catastrophic outcome.
The surgeon could have used DuraSeal Exact which swells less and is a more appropriate sealant to use in the spine. There is a tremendous difference in the products. The surgeon and all the operating room personnel failed to realize the wrong sealant was being used.
Medical malpractice occurs when a medical professional fails to operate under the expected duty of care for their position and situation. In this case, the surgeon failed to exercise the proper care in selecting and administering the type of DuraSeal product fit for the situation. Our team obtained financial compensation for $7.5 million on behalf of our client.
What Expenses Does a Surgical Malpractice Settlement Cover?
Each malpractice case is different, and every injury victim will have different treatment needs and therefore different costs. Generally speaking though, a medical malpractice settlement or damages award like the one issued in the case above may cover:
Medical costs: These may include additional treatments, surgeries, medications, and rehabilitation needed as a result of the surgery error.
Lost income: A settlement can cover back pay for missed work due to injuries, as well as future loss of income if the ability to earn wages has been affected.
Pain and suffering: Financial assistance from a lawsuit may cover damages for physical pain and emotional distress.
Future treatment and care: Some injuries caused by medical malpractice may require ongoing medical needs, medications, equipment, or other support.
Diminished quality of life: A settlement can often cover reduced enjoyment or capability of performing life activities.
Punitive damages: In certain instances, punitive damages may be issued if the malpractice was particularly egregious or negligent. These damages are intended to punish the wrongdoer and discourage repeat instances in the future.
In the case above, the financial compensation award will help the injured client and their family be restored to a better quality of life. Such assistance will help them deal with the various adjustments and challenges that may arise after such a devastating spinal injury.
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Noteworthy Osborne & Francis Settlement Amounts
The following are some noteworthy verdicts and settlements the legal team at Osborne & Francis has obtained in the area of Medical Malpractice:
$4.5 Million - Diagnosis Error
We obtained this settlement on behalf of our client who was provided with timely medication in the Emergency Department to treat an evolving stroke. This caused permanent neurologic injuries. The doctors and medical staff involved failed to correctly diagnose his condition and failed to administer medication on time.
$4 Million - Medical Malpractice
An infant suffered a severe brain injury during birth. After hard-fought litigation, we settled the case for $4 million. The family now has access to sufficient funds to address the child’s medical needs for the remainder of their life.
$3.8 Million - Surgery Error Settlement
A contraindicated surgery was performed on a minor child that was contraindicated, resulting in a permanent brain injury. The doctors also failed to initiate treatment for a progressing brain infection.
In addition to these, we have obtained highly significant compensation awards for clients in other fields, including $1 billion for a group of lawsuits involving defective Stryker hip implants, and $26.7 million for cases involving defective medical mesh products.
If you or a loved one need legal representation in connection with a medical malpractice injury, contact us promptly online or at (561) 293-2600. We can schedule a free consultation to review your case.
How Can a Medical Malpractice Attorney Help You with Your Case?
A qualified medical malpractice lawyer from Osborne & Francis can perform the following tasks in connection with your case:
Review the facts and circumstances surrounding the medical malpractice
Research the various laws and statutes that will apply to your claim
Gather documents, records, and statements that can be used as evidence
Create a strong trial strategy and argumentation
Argue for the ideal compensation you are eligible for under law
In addition, a medical malpractice attorney can work closely with a medical expert who can provide more specific insights into your injuries. This will help provide further proof for your case and will help to tabulate and calculate the various costs involved in your compensation package.
Holding the proper parties liable can help prevent instances of medical malpractice from occurring in the future, and can serve to elevate the overall standards of care in the medical profession.
Contact a Medical Malpractice Lawyer
Medical malpractice cases can be traumatizing and life-changing for the patient, and may require legal action to address the injustices that occurred. A qualified medical malpractice attorney can help ensure that you are fully compensated for your losses according to the applicable medical malpractice laws.
At Osborne & Francis, we are committed to protecting the legal rights of those injured by another party. Contact us at (561) 293-2600 to set up a no-cost, no-obligation consultation where we can evaluate the merits of your claim.
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T. Andrews
“Attorneys Greg Francis and Ryan Fletcher at Osborne & Francis Law Firm represented me in my personal injury case.The defendant drew a line in the sand and was adamant on a settlement amount I was almost willing to accept. After the dust settled and the smoke cleared, we settled for 3 times that amount!!! When they say ‘Real Tough Lawyers,’ they mean it.”
J. Davis
“I couldn’t have asked for a better lawyer/ firm — everything was done professionally exactly how I wanted. Due to COVID my personal attorney Mr. Garcia was still able to make things work in a timely manner and he never made me feel like he wasn’t working. Overall I’m happy with how my case turned out and I would recommend him and this law firm to anyone. 100% satisfied.”
C. Smith
“I am so thankful for EVERYONE, the entire staff at Osborne & Francis Law, for mentoring me through the mediation process with my hip replacement failures. I didn't realize how MUCH pressure they relieved me of by helping me deal with the reality of this traumatic time in my life, as it was OVER so quickly with a positive result. My family is grateful to have their mom HAPPY & FOCUSED on the future, rather than worrying over what happened in the past! FAST FORWARD, we are LIVING LIFE to the fullest once again!”
E. Holland
Dennis and the other Osborne & Francis staff were amazing! Our case was HUGE and required tender loving care. Everyone on our case did their part by putting all the puzzle pieces together. We were given step by step updates and put at ease when our nerves got the best of us. For every inquiry we made we received a timely response...You are appreciated!
Erica F.
"Best personal injury attorney around, I could not be happier! I was seriously injured in a car accident and Osborne and Francis helped me through the entire process. I was blown away by how knowledgeable the staff and attorneys are at this incredible law firm. I would not hesitate to recommend this law firm to friends and family!"
Alfred
Quick and fair resolution to a unique case. On advice of my own attorney, I engaged Joseph Osborne of Osborne & Francis of Boca Raton, FL. Mr. Osborne had considerable experience in cases such as mine and the results showed that. Mr. Osborne and his staff were very helpful, kept me up to date, and listened to my input. The settlement was very fair as far as I am concerned.
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