Final Verdict: Surgeon Botches Back Procedure

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Final Verdict: Surgeon Botches Back Procedure

Neuroscience carries perhaps more mystery and uncertainty than any other area of medicine. Physicians who train to perform neurosurgery go through a rigorous and exhaustive regimen of classes and practice before they are trusted to operate. The ability to alter or repair the communications network of the human body is a grave skill with permanent consequences if done Final Verdict: Surgeon Botches Back Procedureimproperly.

Because neurosurgery requires a great deal of skill and always involves some risk, it can be difficult to determine whether a particular medical mistake was the result of negligence or simply an unavoidable outcome. Just because an adverse outcome takes place doesn’t necessarily mean anyone was reckless or negligent. Additionally, certain neurosurgical procedures are more likely to involve complications than others. Understanding and discussing these risks in advance can help protect a physician from liability while also ensuring the patient is able to make an informed decision.

When a surgery goes wrong, it’s vital to make an objective assessment of what happened, why it happened, and whether the outcome is a consequence of any mistakes. Even when mistakes happen, they are often benign or do not change the final result. A surgery with significant known risks may turn out poorly regardless of whether mistakes were made. In order to demonstrate medical malpractice, the mistake must be significant and severe, a deviation from the ordinary medical standard of care.

Lumbar fusion is a surgical technique in which the vertebrae of the lower spine are fused together by surgery in order to correct existing damage and prevent further harm. This can help treat severe back pain that has failed to respond to other treatment options. In 2012, 45-year-old laborer Harry Rowe suffered a back injury at work which he attempted to treat for years without success. Ultimately, he began treatment from Timothy Burke, a neurosurgeon, and progressed to spinal fusion surgery. However, Dr. Burke placed the instrumentation for the surgery in the wrong position in Harry’s back, causing it to be unsuccessful. He used bone morphogenetic protein in an attempt to promote bone growth. Dr. Burke made a second attempt, but it was also fruitless. Eventually, Harry had to see a different neurosurgeon have the surgery performed right.

Harry brought a lawsuit against Dr. Burke for medical malpractice, unnecessary procedures, and surgical error. He argued that Dr. Burke’s mistakes had necessitated both the second and third surgeries, that the use of bone morphogenetic protein was unnecessary, and that the instrumentation placement was negligent. He claimed $164,000 in excess medical costs and $60,000 in lost wages, not including pain and suffering. Cohen & Cohen

During the three-day trial, Dr. Burke claimed that the placement of instrumentation was due to migration over time, a known risk of the procedure. He also claimed that the use of bone morphogenetic protein was appropriate for the surgery.

The Anne Arundel County jury listened carefully to the arguments from both sides and deliberated for an hour and a half before returning with a verdict for Harry. They found that Dr. Burke had committed medical malpractice and awarded Harry $528,338 in medical costs, lost wages, and pain and suffering.

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"My experience with Cohen & Cohen was beyond my expectations. Jill did an amazing job with negotiating on my behalf and got me way more money than I anticipated. Thank you for having my back."
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L Proctor
August 30, 2022.
My experience with Cohen &Cohen was beyond my expectations. Jill did an amazing job with negotiating on my behalf and got me way more money than I anticipated. Thank you for having my back.
Ebony Stoutmiles
June 23, 2022.
To say that I am happy with the outcome of my case is the understatement of the century! Jill Stanley is a BEAST at what she does. That is the only way to explain it. She takes no prisoners. She and her team are very skilled and knowledgeable. I am so happy I trusted them to do their job and rolled with Jill's suggestions. I would choose Jill again 100 times. She settled my case for more than I imagined I would receive. I was literally in tears. It is the best feeling to know my pain isn't for naught. Wayne Cohen and Kristopher Yorke were nothing short of amazing. They have the patience of saints. I'm 100% certain that I got on their last nerves with my frustration and tears at every other call I had with them. Being in pain and wanting to just be able to heal was all I could focus on, but they helped me realize that I also had to focus on the bigger picture (the case) so I could put this piece behind me. As a high-strung individual with anxiety, it was hard for me to not worry and let them do their jobs, but they reassured me all of the time that they had this. To be injured before the start of the pandemic and have to receive regular, weekly treatment while others are able to stay home is anxiety inducing. I was in pain, I was anxious, and I was just hoping it all worked out. It more than worked out. I hope Jill, Siri, and Kris know how much their hard work and "hanging in there" meant to me. I am eternally grateful. I can't recommend you all enough. If you choose this law firm, you won't be sorry!
Beloved Temple
June 3, 2022.
I was very pleased with the handling of my case and settlement with Cohen& Cohen. I appreciate them, would highly recommend them.
willie howell
May 25, 2022.
COHEN & COHEN ARE THE BEST I WAS INVOLVED IN A REAR END CAR CRASH AND 2 YEARS LATER I HAVE RECEIVED MY SETTLEMENT I AM VERY EXCITED TO SAY BRYAN!!! IS THE MAN HE INSURED THEY WILL TAKE CARE OF ME AND THEY DID 100% ANY QUESTIONS I ASKED THEY WERE ANSWERED. Jill and SIRI WAS ALSO REMARKABLE AND SHOWED THEY REALLY CARED I RECOMMEND COHEN &COHEN TO ANYONE THEY ALSO MADE SURE I GOT MORE THAN EXPECTED WHICH WAS AMAZING I APPRECIATE YOU GUYS THANK U💯
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May 25, 2022.
The legal team at cohen & cohen did a great job I really appreciate the hard work on gating my compensation in a fair amount of time. Special thanks to Kris for a wonderful job
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May 25, 2022.
I had a great experience with the team at Cohen & Cohen. From my intake attorney, Adam, to the paralegal, Bryan, who worked with me regularly for months to document and prepare my case, to Jill, the attorney who secured my settlement, I feel fortunate to have had their representation and expertise on my side.
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May 19, 2022.
Kris was phenomenal. Spectacular communication & knowledge in regards to my case. Would definitely return if I needed more legal services. 100% definitely recommend.

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