Few injuries are as life-altering as paralysis. What makes this already devastating condition even more heartbreaking is when it results from a preventable medical error. Whether it’s due to a surgical mistake, a missed diagnosis, or a lapse in proper care, paralysis caused by medical negligence can leave victims and their families grappling with immense physical, emotional, and financial challenges.
If this has happened to you or someone you care about, it’s natural to feel overwhelmed and unsure of where to turn. Pursuing a medical malpractice claim may seem daunting, but it’s a critical step toward the security you need to adapt to life after such an injury.
How Medical Errors Can Cause Paralysis
Paralysis occurs when there is a loss of muscle function and sensation, typically due to damage to the nervous system. While some instances of paralysis result from unavoidable conditions or accidents, others are caused by medical negligence. This negligence can stem from a wide range of errors by healthcare providers, including doctors, surgeons, anesthesiologists, nurses, physical therapists, and even the hospitals or facilities where the care was provided.
Surgical errors are a leading cause of paralysis. Surgeons may accidentally damage nerves or the spinal cord, operate on the wrong area, leave surgical instruments inside the body, or fail to address post-operative complications. Mistakes made by surgical teams, or a lack of proper oversight by the hospital, can contribute to these outcomes. You can read more about surgical errors and medical malpractice here.
Anesthesia mistakes are another serious issue. Errors such as improper dosages of medications, failure to monitor the patient during surgery, or delays in addressing complications can deprive the brain or spinal cord of oxygen, causing permanent injury. These errors can involve anesthesiologists, nurses, or the hospital staff responsible for patient care.
Failure to diagnose or treat spinal cord injuries in a timely manner is another common cause of paralysis. Emergency room doctors, radiologists, or other medical providers may miss critical signs of injury, or fail to order the necessary imaging tests, allowing a condition to worsen unnecessarily. Radiology errors, such as misinterpreting X-rays or MRIs, can also delay the diagnosis and treatment of critical spinal or neurological issues, increasing the risk of paralysis. We discuss failure to diagnose claims in more detail here.
Negligence in preventing or managing infections and complications can also result in paralysis. For example, improper sterilization of surgical instruments, failure to monitor for post-operative infections, or delays in treating conditions like meningitis or abscesses can lead to damage in the nervous system, and this can cause paralysis.
In addition, birth injuries caused by medical errors during labor and delivery may result in paralysis for newborns. Improper use of forceps or vacuum extractors, failure to monitor and address fetal distress, or delays in performing a C-section can lead to permanent nerve damage or cerebral palsy. More information about birth injuries is available here.
Other possible causes include medication errors, such as administration of multiple drugs that interact improperly and cause nerve or spinal damage, and physical therapy mishandling, where improper techniques or excessive pressure during rehabilitation can worsen a patient’s condition.
In each case, liability can rest on various parties, including individual healthcare providers, medical teams, or the hospitals and facilities responsible for ensuring patient safety. Identifying all possible causes and responsible parties is essential to pursuing justice and compensation for paralysis caused by medical negligence.
The Emotional And Financial Toll Of Paralysis
Paralysis is not just a physical condition — it affects every part of a person’s life. Victims often require extensive medical care, including surgeries, physical therapy, and ongoing treatments, as well as assistive devices like wheelchairs. These medical needs can lead to overwhelming expenses. For many, the injury also means an inability to return to work or the need to take on a reduced role, which creates significant financial strain and uncertainty about the future.
The emotional impact can be just as difficult. Adjusting to life with paralysis often brings feelings of frustration, anxiety, or depression, both for victims and their families. Everyday life may also require major changes, such as modifying homes for accessibility or relying on caregivers for support. These adjustments can be physically, emotionally, and financially exhausting, creating an immense burden on everyone involved.
Filing A Medical Malpractice Claim For Paralysis
If you believe that medical negligence caused your paralysis, filing a medical malpractice claim can help you seek compensation for your losses. While every case is unique, most claims follow these general steps, which your attorney will navigate with you:
- Proving Medical Negligence
To file a successful claim, you must demonstrate that the healthcare provider failed to meet the applicable standard of care. This means showing that the healthcare provider’s actions (or lack of action) fell below what a competent medical provider would have done in a similar situation.
- Establishing a Connection
It’s not enough to show that the healthcare provider made a mistake in your care — you must also prove that the caregiver’s negligence directly caused your paralysis. This often requires expert testimony and thorough medical evidence. Our medical malpractice attorneys work with reliable medical experts to present the strongest case for you.
- Documenting Damages
You will need to provide evidence of the physical, emotional, and financial harm caused by the paralysis. This includes medical bills, lost income, and statements about the impact on your quality of life. Keep records of all your medical appointments and missed work. We will help you understand and gather the evidence that you need to support your claim.
- Filing Within Deadlines
Each state has a legal deadline, known as the statute of limitations, for filing medical malpractice claims. In Delaware, for example, victims generally have two years from the date of the injury to file a lawsuit. Pennsylvania likewise has a general two-year statute of limitations, and Maryland has a three-year statute of limitations. When that time begins to accrue depends on the specific facts of each case, so acting quickly is essential to preserving your rights.
Compensation For Paralysis Victims
Through a medical malpractice claim, victims of paralysis may be able to recover financial compensation for the damage caused by negligent medical providers. These damages could include:
- Medical Expenses: This includes past, present, and future medical costs related to the injury.
- Lost Wages: Compensation for time missed from work, as well as diminished earning capacity if you’re unable to return to your previous job.
- Pain and Suffering: Monetary compensation for the physical and emotional anguish caused by the paralysis.
- Home and Lifestyle Adjustments: Funds to cover home modifications, caregiving costs, and mobility aids like wheelchairs.
- Loss of Enjoyment of Life: Damages for the ways your injury has limited your ability to participate in activities you once loved.
Many people want to understand how much compensation they might be entitled to. Every claim is different. Our attorneys will listen to your story and investigate your case to ensure that you receive full and fair compensation.
Why Hiring An Attorney Is Critical
Filing a medical malpractice claim, especially one involving paralysis, can be a complicated and overwhelming process. Proving that a healthcare provider’s mistake caused your injury takes time, resources, and legal know-how. On top of that, insurance companies often try to pay as little as possible, which can leave victims feeling defeated. Unfortunately, studies show that people who don’t have an attorney typically receive much less compensation than those who do.
Our medical malpractice attorneys handle the heavy lifting so you don’t have to. We will gather the evidence, consult medical experts, and build a strong case to show exactly how the mistake happened and how it changed your life. When it comes to dealing with insurance companies or medical providers, our attorneys will fight to make sure you aren’t pressured into accepting less than you deserve. If a fair settlement isn’t offered, we are ready to take your case to court. Before advocating for victims of medical malpractice, our attorneys spent years defending health insurance companies, medical facilities, and healthcare providers in these claims. This experience gives us deep insight into the strategies they use, allowing us to counter them effectively from day one.
Having an attorney by your side doesn’t just increase your chances of getting the compensation you need — it also allows you to focus on what’s most important: your recovery and adjusting to life after the injury. Let us take care of the legal details so that you can focus on you and your family.
Take The First Step Toward Justice
If you or someone you love has suffered paralysis due to medical malpractice, you don’t have to face this battle alone. At Morris James, we are committed to holding negligent healthcare providers accountable and helping victims rebuild their lives.
