The Procedure

Neurosurgery involves surgery on the brain or the spinal cord for decompression of a nerve. Like any kind of surgery, there can be many potential complications, including:

  • Bleeding
  • Infection
  • Heart attack
  • Stroke
  • Death
  • Damage to adjacent structures


These complications are known risks of the surgery and do not necessarily constitute malpractice.  Recurrent disc herniation and failed spinal fusion, though distressing and disappointing to the patient, are rarely if ever attributed to medical malpractice.

Medical Malpractice

  • The complication that undisputedly is a breach in the standard of care is the wrong level surgery.


Other examples of a likely breach in the standard of care include

  • Failure to treat a complication of the surgery at the time of surgery, such as injury to bowel or other intraabdominal organs. ¬†
  • Failure to timely diagnose and treat a complication from the surgery despite clinical evidence of such.
  • Injury to the major blood vesssels during exposure for spine surgery.
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