Spinal Fusion and Soft Tissue Injuries -- The Anatomy of the Case

Litigators should always have a basic framework to use as a guide for a case, regardless of the medical injuries involved.

• Understand how different parts of the body work

• Evaluate the seriousness of an injury and value cases

• Explain an injury in a way that a jury can fully understand it

• Decipher medical records

• Learn how most common injuries occur

• Understand surveys concerning jury verdicts in injury cases

• Understand the limitations of diagnostic tests

Now put those key focal points into scenario of spinal fusion and soft tissue injuries. Take this scenario for example. A nurse moves a patient from a bed to a chair and during the transfer the patient falls. The fall causes soft tissue and spinal fusion injuries that could have been prevented had the nurse followed proper procedure. The patient claims the nurse failed to get the proper assistance and that there was a sign over his bed with specific instructions to only move him with two people. The nurse claims that there was no sign or that there was a condition making it safe for him to be moved by only one person. (scenario based on Medical Malpractice Verdicts, Settlements & Experts; Lewis Laska)

• Understand how different parts of the body work -- The patient's medical history and what could put his or her body in a state that could increase the chances of this injury occurring.

• Evaluate the seriousness of an injury and value cases -- Was there a direct link between the fall and the resulting injury

• Explain an injury to the jury in a fashion they will understand -- how will you explain a plaintiff suffering soft tissue and internal injuries, resulting in retroperitoneal bleeding in the abdomen and femoral nerve palsy, resulting in decreased mobility so that it's not mired in medical jargon or incomprehensible terms a jury would never grasp?

• Decipher the medical records -- Was there a sign? What does the patient’s chart indicate about being moved? What was the person's medical condition prior to being admitted to the facility where the alleged injury occurred?

• Learn how most common injuries occur -- In these cases more than likely the medical professionals or reference material will relate to orthopedics and spinal surgery.

• Understand surveys concerning jury verdicts in injury cases -- as well as all the mitigating factors and peripheral issues relating to these particular type of cases

• Understand the limitations of diagnostic tests -- In cases dealing with spinal fusion and soft tissue can these tests prove beneficial to the case and what is the most pertinent information that can be extrapolated?

A clear, well thought out plan is the first step in dealing with cases of this nature as well a taking the most balanced and objective view of all the facts.