Spine patient awarded $6.2M in botched surgery case

Spine

A jury awarded a Texas man, who was left a paraplegic after spine surgery, $6.2 million, according to his lawyers.

Mark Silver, MD, performed an elective lumbar spine procedure for Bill Proctor in 2018, the law offices of Laird & McCloskey said in a Feb. 29 news release. Mr. Proctor had surgery to address chronic lower back pain, but Dr. Silver overly stretched or compressed nerves affecting mobility.

Mr. Proctor filed a lawsuit in 2020 that also alleged the surgical team with Advanced Intra-Operative Monitoring Specialists didn't properly perform neuromonitoring procedures to detect changes in nerve conduction to avoid permanent injury.

Jurors found Dr. Silver was 60% responsible for the injuries, and under Texas law he is being held accountable for all damages.

Attorneys for Dr. Silver filed a motion asking the court to enter a judgment in favor of evidence in the trial, according to a March 4 statement shared with Becker's.

"The evidence and testimony during the trial clearly showed that Dr. Silver was not notified of changes in the patient’s condition during the operation," the statement said. "It is important to note that Mr. Proctor settled with other parties in the case."

Note: This article was updated March 4 to include a statement from Dr. Silver's defense attorneys.

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