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Neck Surgery Leads to Patient Coma, $1M Partial Settlement Won


Attorney David Rash of Rash Mueller. in Florida has secured a $1 million partial settlement for his client, whose husband fell into a coma following a botched neck surgery. The comatose man had suffered a neck injury after a car accident and was referred to an orthopedic surgeon to correct it. The partial settlement was obtained quickly from the automobile insurance company by paying out their maximum policy limit. Our client still has the right to sue the surgical center on grounds of medical malpractice, but the $1 million partial settlement should help pay for bills in the meantime.

Details of the Tragic Medical Malpractice Case

Our client’s husband was rear-ended in what was considered a minor traffic collision. An unnamed car accident attorney heard the man’s case and told him to visit an orthopedic surgeon for the pain and aches in his neck. Despite the complexity of the neck surgery that needed to be performed, the operation was conducted at an outpatient surgical center.

During the surgical procedure, something went wrong and someone made a horrible mistake. Our client’s husband suffered a massive anoxic brain injury – or an injury caused by a lack of oxygen to the brain, usually for four minutes or more – and fell into a vegetative coma. He required a tracheostomy – an incision in the windpipe to allow breathing – to survive and is now entirely dependent on a ventilator and feeding tubes. Prognoses indicate he will need 24/7 medical care and supervision for the rest of his life.

It is believed that the outpatient surgical center was ill-equipped to perform such an intricate medical procedure, and so they acted negligently by allowing their team to attempt it. There may have also been recklessness on part of one or more surgeons. It is estimated that the patient’s wife will need at least another $21 million in coverage to pay for his lifetime of medical costs. This amount may increase before the lawsuit against the surgical center is officially filed.

For important updates on this case as it develops, be sure to visit our blog regularly. If you have a medical malpractice case of your own, you can contact our Florida medical malpractice attorney, David C. Rash.

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