Failed Back Surgery and Medical Malpractice in Illinois

Since 2001 we have helped thousands of people looking for legal help with Illinois medical malpractice lawsuits. You can contact us at 312-346-5320 to speak with a lawyer for free.

Back surgery is often a last resort for people dealing with severe pain or spinal problems that haven’t improved with physical therapy, medications, or other treatments. Common reasons for back surgery include herniated discs, spinal stenosis, fractured vertebrae, or pinched nerves. When done correctly, surgery can relieve pain and restore movement. But when something goes wrong, the results can be devastating—and in some cases, it may be the result of medical malpractice.

Not every poor outcome after surgery is malpractice, but when a surgeon, anesthesiologist, or hospital staff makes a careless mistake, they can be held legally responsible. Some examples of errors that can lead to failed back surgery include:

• operating on the wrong level of the spine
• cutting nerves during the procedure
• accidentally putting a screw into a nerve causing debilitating pain
• failing to properly monitor for post-surgical complications such as infections or blood clots
• causing foot drop in the patient by damaging a nerve
• brain injuries from improper administration of anesthesia
• shoulder, arm or neck injuries from a patient being improperly positioned during a surgery

A failed back surgery can leave a patient in worse condition than before. In some cases, the pain becomes constant or spreads to new areas. People may lose mobility, suffer from numbness or weakness in their legs, or even become unable to work or care for themselves. This kind of injury can impact every part of a person’s life—physically, emotionally, and financially. Some surgical errors can tragically cause paralysis or even death.

If you or a family member has suffered because of a failed back surgery, it’s important to act as soon as possible. In Illinois, there is a strict statute of limitations on medical malpractice cases. That means you only have a limited amount of time from the date of the injury—or from when you reasonably should have discovered it—to file a claim. Waiting too long can mean giving up your chance to get compensation for your losses.

For patients over 18 years old, you have two years from when you knew or should have known malpractice occurred (and never more than four years from when it happened). That doesn’t always mean that you know exactly what was done wrong, just that there was a problem. Often doctors will tell you that it will take six months to a year before your symptoms will go away. This can be a tactic to try to cause you to miss your time limit for suing. Our strong advice is to assume that you only have two years from the surgery date to sue. If you are still having problems six months after a surgery, you should have an experienced Illinois medical malpractice attorney investigate your case ASAP. It takes a while for a proper investigation so you do not want to wait until the last minute.

Going through something like this can be overwhelming, but we can help immediately, by connecting you with an elite medical malpractice attorney who has experience handling failed back surgery cases. These are complex cases that require not just legal skill, but also knowledge of medical procedures and standards of care. We work with attorneys who know how to review your medical records, consult the right experts, and build a strong case for you. The difference between the right and wrong lawyer is not just winning or losing, but potentially tens of millions of dollars.

Having an attorney investigate a case is free and hiring them is free. Every Illinois medical malpractice lawsuit is handled on a contingency basis. That means the lawyers only get paid if they win your case. Every law firm we recommend also fronts the expenses on their cases. Never hire a law firm that asks you for money for a malpractice lawsuit.

If there is any good news in a case like this, it is that usually a hospital or well insured doctor is the defendant in these lawsuits. That means there is usually good insurance coverage for your medical care, lost wages, nursing home or rehab care, future medical needs, pain and suffering and loss of normal life. Every case is different, but if your life gets turned upside down from negligence in a back surgery, it is not unusual for that case to be worth tens of millions of dollars in the hands of the right law firm.

If you are suffering after a back surgery that didn’t go as planned, and you suspect something went wrong, contact us for a free, confidential conversation. We promise to treat you like we would a family member or friend to get you the best representation and outcome for your case. We cover all of Illinois and would love to help you if we can.

FAQ’s On Failed Back Surgery Lawsuits In Illinois

Is there anything I can do to help my case?

For your health and potentially for a lawsuit, if you are experiencing severe physical problems after a back surgery beyond what is normal, we highly recommend that you seek a second medical opinion from a doctor who is not affiliated with the surgeon you originally saw. You do not need that doctor to state that malpractice occurred, but hopefully they can give an honest assessment as to what is really wrong with you. Do not count on the original surgeon to admit there was a mistake made.

When should I contact an Illinois medical malpractice lawyer if I’m having problems after a back surgery?

If you are paralyzed, have significant numbness or another major injury, you should call us ASAP. We can help you determine if hiring a lawyer at that time makes sense or if you should take other steps. Sometimes we tell people to call us back in three months if they still have problems. Other times it is clear that legal action needs to happen right away.

What is hiring an attorney going to cost me?

Nothing. Every Illinois malpractice attorney we recommend only gets paid if they win. These are hard to win and often heavily contested by the doctors and hospitals. Attorneys assume all of the financial risk of bringing a case.

Who is the best Illinois medical malpractice lawyer for a botched back surgery?

There is no one “best” lawyer. Rather we listen to what happened to you and recommend who we think is best for you given the case facts. That could be a lawyer who has successfully sued the same doctor or hospital for something similar. It could be a law firm that has a lot of experience with your type of injury. In our opinion there about ten or so law firms in Illinois that consistently get great results and we will try to recommend the best one of those for you.