Were You Injured During Spinal Surgery?

The law firm of Goldsmith & Goldsmith, LLP, has been at the forefront of successful lawsuits based largely on biofeedback generated during spine surgery. The same electronic data that provides real-time information to the surgical team can be crucial to revealing critical medical errors that resulted in permanent nerve damage, paralysis or other lasting injury to our clients. However, this data is not part of the patient's medical chart and has to be "found."

Lee S. Goldsmith, M.D., is an accomplished medical malpractice attorney who draws on his background as a licensed physician to hold surgeons and hospitals accountable. He has been a pioneer in the use of e-discovery in medical litigation, including lawsuits for surgical malpractice. Electronic medical data is often the crux of the case, particularly as it pertains to intraoperative monitoring (IOM) during spinal surgery. Few attorneys have a basic understanding of IOM, let alone the medical chops and courtroom skills to explain it to a jury at trial.

There Is No Room For Error In Spine Surgery

The spinal cord is extremely delicate, making spinal surgery a risky option of last resort. Any damage to the spinal cord — from a blunt force accident or from a scalpel during surgery — can result in loss of sensation or motor function, inability to control the bladder and bowels, or permanent paralysis.

Advances in medical science have helped spinal surgeons be more targeted in operations involving the spinal column (vertebral fusion), spinal disks (disk replacement) and spinal cord. Namely, the use of intraoperative monitoring (IOM) provides real-time tracking of nerve function during surgery. The electromyogram (EMG) monitors sensory impulses from the brain to the legs and back; any interruption indicates that the surgeon has literally touched a nerve and should stop before causing further injury. It can also signal that the surgeon has already gone too far.

We obtain the operative report and the digital printout of the intraoperative monitoring data. Lee Goldsmith can match the electronic data against the mechanical work of the surgery to pinpoint when and how the error occurred. In a recent case, we were able to show precisely when the surgeon cut into a normal portion of the cord, contradicting his assertion that the cord was damaged after the fact.

Our Unique Credentials Make A Difference For Clients

Our ability to interpret IOM feedback can be the difference between a relatively easy win and a tough case to prove. If you or your loved one was disabled or harmed by spine surgery, you may have grounds for a malpractice lawsuit.

Call us at 201-429-7892 or contact us online to arrange a free consultation. The lawyers of Goldsmith & Goldsmith, LLP, handle cases in Bergen County, Essex County, Hudson County, throughout the state of New Jersey and in New York.

Do I Have A Malpractice Case?