Herniated discs are serious injuries that can significantly alter a person’s quality of life. If you believe that you or a loved one suffered an injury due a medical professional’s negligence in diagnosing or treating a herniated disc, you can potentially make a financial recovery for your injury. Our hard-working Rochester medical malpractice attorneys will work with the necessary medical experts to uncover the true cause of your injury and provide you with a realistic assessment of your claim.
What is a Herniated Disc?
The spine is comprised of a series of connected bones known as vertebrae. A disc consists of an outside layer and gel-like middle that separates part of the vertebrae from one another, acting like a cushion of sorts. A herniated disc, also sometimes known as a slipped disc or a ruptured disc, takes place when the outside layer tears and the gel-like middle trickles into the spinal canal. This can lead to compression of the nerves or spinal cord, causing pain, numbness tingling or weakness in one or more extremities.
Medical Malpractice Relating to a Herniated Disc
Suffering a herniated disc is usually a very painful experience, which requires competent medical care. Unfortunately, errors by medical professionals can often make the condition worse. Examples of such errors include, but not limited to:
- Delayed diagnosis of a herniated disc;
- Misdiagnosis of a herniated disc;
- Failure to carrying out the appropriate scans and physical exams;
- Delay in treatment resulting in impingement of nerves or another condition;
- Failure to provide proper treatment to prevent discs from prolapsing further.
If you believe that your herniated disc was not diagnosed or not treated properly leading to further injury, we may be able to help you recover compensation for your harm through a medical malpractice case. Medical malpractice takes place when a patient is injured because a medical professional failed to use the level of care that a reasonably competent medical professional practicing the same specialty of medicine would have used under the same or similar circumstances. In the event that medical professional’s negligence caused your herniated disc, you can likely recover damages through a medical malpractice claim as well.
Evidentiary Standards in Medical Malpractice Cases
It is important to note that the burden of proof in negligence cases falls on the plaintiff who must show negligence by a ‘preponderance of the evidence.’ Under this standard, if the plaintiff’s evidence outweighs the defendant’s evidence, even slightly, the plaintiff will win the case. Put another way, the plaintiff’s version of events must be more likely true than the defendant’s versions of events.
Reputable Rochester Medical Malpractice Attorneys
If you suffered a herniated disc related injury due to a medical professional’s negligence, you need to know all of your legal rights and options without delay. At DeFrancisco & Falgiatano Personal Injury Lawyers, our diligent Rochester medical malpractice attorneys are dedicated to helping New York clients resolve their malpractice claims in a competent and compassionate manner. We are here to answer your questions and address your concerns throughout the legal journey. Please call us today us at 833-200-2000 or contact us online.
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No Mandatory Arbitration in New York Medical Malpractice Cases, Rochester Medical Malpractice and Personal Injury Blog, September 28, 2018
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Malpractice Caused by Failure to Diagnose Neck Fracture, Rochester Medical Malpractice and Personal Injury Blog, September 18, 2018