National City Spinal Cord Injury Lawyer

National City Spinal Cord Injury Attorney

Suffering a catastrophic injury in a clinical setting can shatter your life in an instant. If you or a loved one has suffered a devastating back or neck injury due to medical negligence in San Diego County, a National City spinal cord injury lawyer can provide legal support that results in fair financial and practical outcomes as you recover.

Why Trust Kenneth M. Sigelman & Associates With Your Spinal Cord Injury Case

While the public trusts healthcare professionals to treat and heal them, we at Kenneth M. Sigelman & Associates know that errors during surgery, misdiagnosis of spinal conditions, or improper patient handling can lead to permanent paralysis. For years, our firm has supported victims of medical malpractice and stood by their right to hold negligent medical providers responsible for the life-altering consequences of their actions.

Spinal Cord Injuries in Healthcare Settings

Recent data reveal that 3.7% of all traumatic spinal cord injuries in the United States were medical and surgical in nature. Likewise, it’s estimated that 18,421 new cases of spinal cord injuries occur each year. This means that thousands of families have to confront a new reality defined by physical limitations and overwhelming financial debt because of a preventable medical mistake.

When a spinal cord injury occurs because of medical malpractice, it often stems from a failure to adhere to the standard of care. Healthcare-related spinal injuries frequently involve:

• Surgical errors, such as the improper placement of hardware during spinal fusion
• Delayed diagnosis, such as failing to identify a spinal abscess, tumor, or hematoma that eventually compresses the cord and causes paralysis
• Anesthesia negligence, such as improper positioning of a patient under anesthesia or errors during the administration of an epidural or spinal block
• Post-operative care that is lacking, such as when a medical professional fails to monitor for signs of neurological decline or infection following a procedure

No matter the cause, the impact is profound. As reported by the Christopher & Dana Reeve Foundation, the first-year costs for a quadriplegia injury can exceed 1.3 million, with every subsequent year costing over $238,000.

Suppose you receive medical attention and treatment in San Diego County at the Tri-City Medical Center on Vista Way. On top of the emergency care you receive during your initial visit, you and your family may incur expenses related to surgery and long-term rehab.

California Spinal Cord Injury Laws and Your Rights

Dealing with spinal cord injury laws in California requires an understanding of several key legal principles:

• Statute of limitations. In California, medical malpractice victims generally have one year from the date they discovered the injury or three years from the date they were injured, whichever comes first, to file a claim.
• Comparative fault. If a defendant argues you contributed to your injury, California’s pure comparative negligence rule allows you to still recover damages, though they will be reduced by your percentage of fault.
• MICRA caps. California’s Medical Injury Compensation Reform Act was updated recently to increase the cap on non-economic damages like pain and suffering in non-death medical malpractice cases.

Hire a Spinal Cord Injury Lawyer

The legal landscape for medical malpractice in California is different from general personal injury law. Because of specific statutes and the technical nature of medical evidence, trying to handle a claim alone often has the makings for a low-ball settlement or a dismissal.

California law requires a certificate of merit consideration and often relies heavily on expert testimony. A lawyer can work with medical professionals to prove that your provider deviated from accepted practices.

Additionally, if clients hire a spinal cord injury lawyer, the lawyer can calculate the present value of years of specialized treatment, home modifications, and round-the-clock nursing a person would need after such an injury. A standard settlement might cover current bills, but not the lifetime of care that would be necessary, making legal counsel imperative to protecting your future.

FAQs

What Is a Spinal Cord Injury Claim Worth in California?

A spinal cord injury claim’s worth in California depends on the detailed circumstances of your case, as every incident is different. However, a spinal cord injury claim typically seeks compensation for economic damages like medical bills, lost wages and earning capacity, and lifetime care costs. They also seek compensation for non-economic damages like pain and suffering, and emotional distress.

How Hard Is It to Succeed in a Spinal Cord Injury Case in California?

It may be hard to succeed in a spinal cord injury case in California compared to a standard car accident claim, because doctors and hospitals have robust legal teams and insurance companies that fight aggressively. Success depends on proving the four elements of duty of care, breach of that duty, causation, and damages.

How Long Does a Spinal Cord Injury Claim Take to Resolve in California?

A spinal cord injury claim often takes longer to resolve than a typical injury claim in California and nationwide because they involve complex medical evidence and high financial stakes. A case could take months or years to reach a conclusion.

This timeline is necessary to make sure the victim has reached Maximum Medical Improvement, allowing your National City spinal cord injury attorney to accurately project your lifetime care costs before signing a final settlement release.

Does Having an MRI Increase Your Spinal Cord Injury Settlement in California?

Having an MRI may increase your spinal cord injury settlement in California, considering an MRI is a vital piece of objective evidence. It provides a visual map of the damage to the spinal cord, discs, and nerves.

In a spinal cord injury claim, clear diagnostic imaging makes it harder for the defense to argue that the injury is subjective or pre-existing, which can significantly strengthen your bargaining position during settlement negotiations.

Take the Next Step Toward Recovering from a Spinal Cord Injury

Living with a spinal cord injury is an uphill battle, but you don’t have to deal with the legal aspects alone. Kenneth M. Sigelman & Associates is dedicated to helping residents of National City hold negligent medical institutions accountable. If you are ready to seek justice and obtain the resources you need for your long-term care and your household’s stability in the aftermath of your injury, contact us today for a free, confidential consultation.