Hodes Milman represented a physician whose neck pain was exacerbated after his treating neurosurgeon allegedly performed surgery at the wrong level in his cervical spine, resulting in increased pain and the need for additional surgery.
For several years, the physician suffered from pain in the left side of his neck and left upper extremity which was treated with physical therapy and facet injections. After a kayaking accident caused even further neck pain, the physician consented to minimally invasive surgery suggested by his neurosurgeon. The neurosurgeon performed surgery at the wrong level, causing the physician’s pain to subsequently increase, and requiring additional surgeries. Hodes Milman attorneys argued that the neurosurgeon’s improper operation escalated the physician’s pain, and that the procedure was nonconsensual. The firm settled the case for $400,000 in favor of the physician.