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When Spinal Cord Injury Is Negligence

Look at where your spinal cord is – it runs down the center of your body – it is central to your physical being. Not surprisingly, it is responsible for a plethora of bodily functions and therefore, an injury to the spinal cord can result in significant and permanent health problems.

If you have suffered an injury to your spinal cord it may be due to someone’s negligence or it may be because of a defective product. This article will help to explain a negligence claim for a spinal cord injury.

In most cases, the defendant responsible for this type of negligence claim is a medical professional, such as a physician. Medical malpractice is one type of negligence. To demonstrate the defendant in a medical malpractice/negligence claim was responsible for the spinal cord injury it must be shown there was a duty owed by the defendant, that duty was breached, the breach caused the injury, and damages ensued.

Physicians certainly owe patients a duty of care; the standard of care is that of a physician with similar training and experience. If a doctor fails to provide an accepted standard of care, there is a breach. A breach of the standard of care for a physician might include failing to properly diagnose or treat the patient’s medical condition.

To prove the element of causation, a harm must directly result from the defendant’s act or failure to act. In the context of medical malpractice, the plaintiff/patient must have suffered an injury from the medical professional’s negligence.

Damages in a spinal cord injury case far exceed typical medical bills. Consider that some patients end up completely paralyzed, some lose complete motor control, and some never regain sensation. Thus, damages can include rehabilitation, long-term health care, medical devices and medication.
Also included in the damages calculation is quality of life considerations. Such a devastating injury may render a person unable to earn a living, continue at a job, or pursue an intended career. So money damages also factors in lost earning capacity. Finally, plaintiffs can seek damages for loss of the capacity to enjoy life, pain and suffering endured, and mental anguish.

Whether it’s a spinal cord injury case or another type of personal injury, , Goldman, Babboni & Walsh has an attorney here to help you. We are the experts in our field. Let us get you justice today. Schedule a free case review by emailing us at [email protected].

Attorney David Goldman has a strong belief that everyone should be treated fairly and those with the means should do what they can to bring justice in all areas of our society. That belief has led him to help Florida's injured from being taken advantage of by corporations and insurance companies. Since 1989 David Goldman has been fighting for the rights of Floridians both as an attorney and by personally supporting our community.

When Spinal Cord Injury Is Negligence

Goldman Babboni Fernandez
Murphy & Walsh

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