Of the 524 firms on our 92 city lists in the United States, Schochor, Staton, Goldberg, and Cardea, P.A. scores highest on malpractice focus, published results, client reviews and experience, followed by Hastings Law Firm and The Law Offices of Dr. Michael M. Wilson MD, JD & Associates. Each firm keeps its best score from the cities it serves; open a city for its full list.
Best Neurosurgery Malpractice Lawyers in the United States
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4.8181 Google reviewsRated 4.8 out of 5 on Google from 181 reviews
Best for: Birth injury and hospital negligence
In its published cases, Schochor, Staton, Goldberg, and Cardea, P.A. describes oxygen deprivation during delivery and Erb’s palsy; it also publishes verdicts involving deaths after hospital care.
We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made
4.6102 Google reviewsRated 4.6 out of 5 on Google from 102 reviews
Best for: Misdiagnosis and surgical injury claims
Among Hastings Law Firm's published results are a $19,750,000 failure-to-diagnose settlement and a $10,700,000 negligent-prescribing jury verdict. Because it focuses on malpractice and publishes those results, it tops this list.
We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made
5.0216 Google reviewsRated 5.0 out of 5 on Google from 216 reviews
Best for: Delayed diagnosis and anesthesia injuries
An alleged delayed diagnosis of HSV encephalitis is behind the $11.65 million result published by The Law Offices of Dr. Michael M. Wilson MD, JD & Associates. For negligent anesthesia care, it reports another result of $8 million.
We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made
4.724 Google reviewsRated 4.7 out of 5 on Google from 24 reviews
Best for: Misdiagnosis and surgical injury claims
A $12 million misdiagnosis result stands out among the cases published by The Law Offices of Cardaro & Peek, LLC. For negligent surgery, it lists a $7.9 million result; for breast cancer misdiagnosis, it lists $7.1 million.
We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made
4.7226 Google reviewsRated 4.7 out of 5 on Google from 226 reviews
Best for: Birth injury and delayed diagnosis
Among Wapner Newman Attorneys At Law's listed results are $8.4 million for brain injury after a delayed diagnosis and $7 million for birth trauma causing brain damage.
We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made
Neurosurgery malpractice lawyers by state
The rules change from one state to the next, so the lawyers near you are the ones to call.
An injury after brain or spine surgery may deserve a malpractice review if the care fell below the applicable standard and caused harm. A serious outcome alone doesn't establish negligence. Get medical care first if you or a family member has paralysis or another suspected surgical injury, then have someone examine the surgical record to review what happened.
You can talk with a lawyer even if you haven't identified an error. Explain why you needed surgery, then describe what's changed since, including what the treating team has told you. A lawyer in your state can discuss whether what happened calls for a closer look.
What neurosurgery and spine surgery malpractice means
A claim alleging an error during brain or spine surgery may involve neurosurgery or spine surgery malpractice. The injury may have affected the brain or the spinal cord. Sommers Schwartz's neurosurgical malpractice page describes cases involving these injuries, including patients who were left paralyzed after surgery.
The lawyer reviewing an injury needs to know whether something went wrong with care and caused it. A failed operation doesn't answer that question by itself. Needing substantial care afterward, even when the need is serious, doesn't show that earlier care caused the injury.
Arfaa Law Group's neurosurgeon malpractice page describes surgical errors that can lead to claims; the harm can last a lifetime or include death. Investigating those consequences takes careful work. That description doesn't show whether negligence caused the injury suffered by a particular patient.
How an alleged surgical error becomes a claim
A review examines the care the patient received before moving to a broad accusation against the surgeon. The lawyer needs to understand why the operation happened before examining what allegedly went wrong during it. A medical review is then needed to connect the failure with the harm.
Keep those stages distinct. Questioning whether surgery was needed isn't the same as questioning how it was done; how the team responded afterward is another part of care a complaint may concern. Tell the lawyer which part you think went wrong. You don't have to prove the medical explanation on your own.
The questions a malpractice review needs to connect
1The care given
What do the chart and surgical record say happened?
Review the care
2The alleged failure
Did the care fall below the applicable standard?
Assess causation
3The connection to injury
Did that failure cause the harm being claimed?
Document the injury
4The patient's losses
What changed for the patient, and what documents support it?
Warning signs: separate medical concerns from legal proof
Sommers Schwartz's firm page discusses patients left paralyzed after neurosurgery. A patient who becomes paralyzed needs medical attention, along with an explanation of what happened. Someone's negligent error can't be established from paralysis alone, even though the injury is serious.
Don't wait for a lawyer's opinion to address a medical concern that's happening now. Ask the treating team to assess the patient and explain the plan so you understand what care comes next. A malpractice consultation asks a different question: who bears responsibility for harm the patient may already have suffered?
For the legal review, describe plainly what has changed. Describe what became difficult after surgery by comparing it with what the patient could do before. Write down what a clinician said when naming the injury, making clear who gave that explanation. Don't turn an uncertain explanation into a diagnosis; describe it with the uncertainty it still has.
The article's summary says most of the claims discussed involved spinal surgery; among those claims, lumbar spine operations accounted for the largest share. The figure concerns past claims. That figure doesn't tell you what percentage of spine operations cause injury, and it can't tell you whether a case would succeed today.
Your claim needs a review of its own. A published percentage can't show why your condition changed, much less establish whether your surgeon met the standard of care.
A bad outcome and malpractice are different
The lawyer must examine what care was required under the circumstances when reviewing malpractice, known as the standard of care. Ask the lawyer which part of the care is being challenged so you understand what medical reviewers would be judging. Saying the whole experience felt poor, even if that's true, doesn't pinpoint what went wrong with the care or where it fell short.
Then comes causation. Finding a problem with care isn't enough; the lawyer still needs to examine whether it caused the injury that the claim describes. Ask what supports that connection, including which parts of the explanation are still uncertain or unclear.
The harm needs documentation, too. Describe what's different in the patient's daily life now that their condition has changed. Bring any records that support your account; don't put a dollar value on the case before a review or guess what the patient's future medical condition will be.
If the risks weren't adequately explained before surgery, our page on informed consent discusses that concern. A lawyer can review what you were told on its own; that question is separate from whether someone performed the operation incorrectly.
Records that can help explain what happened
When you request records, include the surgery and the care that came before and afterward. Your memory of a conversation or a brief discharge explanation shouldn't be the only thing you rely on. Tell the lawyer what records you already have, noting which ones you're still trying to get hold of.
The operative report and notes the surgeon wrote.
Hospital admission records, with the nursing notes included.
Consent documents and any explanations given in writing before surgery.
Follow-up care records that describe the injury or the patient's condition after surgery.
Messages about your concerns that you exchanged with the care team.
Documents showing expenses for the lawyer to review, including your bills.
Leave original files unchanged. Rather than changing the medical record itself, keep your comments in a separate document. If something in the chart seems wrong, show the lawyer that entry and explain what you disagree with and why.
Even when some records are missing, you can make an initial inquiry. To get started, ask which records the firm needs and whether it can help obtain the others.
Deadlines differ by state
Medical malpractice filing deadlines depend on which state's rules apply. Even if another patient had a similar operation, the deadline you found for that person may not apply to you. To learn how the statute of limitations applies to your circumstances, ask a lawyer in your state.
To start finding local legal help, take a look at our U.S. state pages. When you speak with the lawyer, give the surgery date and explain when you first became concerned about an injury. If you aren't sure of an exact date, don't guess (it's fine to say you don't know).
What to do next
Prepare for a case review
1
Address current medical concerns
If the patient needs care now, discuss that care and the patient's condition with the treating team. When asking for a possible legal claim to be reviewed, keep your medical questions separate.
2
Create a short timeline
Start by explaining why surgery was needed. Along with the operation date and what changed afterward, describe any conversations that helped explain the injury, making clear who said what.
3
Gather what you already have
When gathering your notes, keep them with the surgical records. If documents are missing, flag them so the lawyer can see what you need to request.
4
Ask a state-based lawyer to assess the case
Before going further, ask about the filing deadline and how a further review works. Explaining your concern doesn't require you to know the precise medical cause.
Choose a lawyer based on relevant work
When considering a firm, look for descriptions of its work with neurosurgical injuries. According to Sommers Schwartz's own site, its attorneys have handled hundreds of cases in which patients suffered injury to the brain or spinal cord. It's information about work the firm has done. What happens in your case can't be predicted from that.
If you're considering a firm, ask about its work with the operation and injury you're concerned about. To understand how the firm works, find out who reviews medical records and who keeps in touch with your family. The firm should explain what it needs before it decides whether it can take your case.
To assess who's responsible, the review may have to consider more than the surgeon. Our hospital and nursing negligence page can help you frame questions for the consultation if hospital care concerns you. If anesthesia concerns you, see anesthesia errors. Although those pages describe areas you might ask to have reviewed, they don't establish who caused the injury.
This information isn't advice about your legal case. Before advising you, a lawyer needs to examine the patient's medical record and your state's rules.
If surgery caused an injury, you can ask a lawyer to review the care. More than an injury is needed to establish malpractice. To assess a claim, the review must examine whether care fell below the applicable standard and caused the harm. When you share the surgical record, explain what changed afterward so a lawyer in your state can assess the circumstances along with the filing deadline.
Does paralysis after neurosurgery mean there was malpractice?
Malpractice can't be established from the outcome alone. Although Sommers Schwartz's neurosurgical malpractice page describes representing patients left paralyzed after surgery, that doesn't replace the medical and legal review your case needs. To assess the injury's connection to the care, a lawyer must examine what the patient received. If you have current medical concerns, address them with the treating team without waiting for that review.
What records should I bring to a neurosurgery malpractice consultation?
If you have the operative report and hospital records surrounding the surgery, bring them with you. To explain your concerns, you may also find consent documents and follow-up notes helpful. When writing a short timeline in your own words, distinguish what you saw from the medical explanations you received. If you've requested missing records, tell the lawyer which ones. Before you've collected everything, you can still ask for an initial consultation.
How long do I have to file a neurosurgery malpractice lawsuit?
Everyone reading this page won't have the same filing period. Because deadlines differ by state, you'll need to ask a lawyer in your state how the statute of limitations applies to you. When giving the surgery date, also explain when you first became concerned about the injury. If you're looking for local legal help, our U.S. state pages offer a place to start.
How common are spine surgery malpractice claims?
According to the 2006 article “Malpractice issues in neurological surgery,” spinal surgery accounted for 42% of the neurosurgical malpractice claims it discussed, with lumbar spine operations making up most of those. What that figure shows is how those historical claims were divided. Neither the chance of injury during an operation nor the likelihood that a particular patient's claim will succeed can be determined from it.
How do I choose a lawyer for a brain or spine surgery injury?
When a firm describes handling brain or spinal cord injuries, ask what work it's done with operations like the one you had. Before proceeding, discuss what the firm needs from you to review the records and how it would review them. Although published experience may help you choose whom to contact, it doesn't tell you how your case will turn out. When you first speak, ask about the deadline in your state.
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