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Herndon injury lawyer Doug Landau often explains to callers that medicine is as much an art as a science, and that "perfect results cannot be guaranteed." Especially in the field of spinal surgery, expectations of "miracle cures," perfect alignment and minimal scarring are simply unrealistic. Spinal hardware cannot be placed perfectly in every instance, so some degree of imprecision is acceptable. Whether a malpositioned pedicle screw is negligence depends how seriously the screw is out of the desired space, and whether the proper safeguards were in place. If a screw is actually pressing on a nerve and is only discovered following surgery, it should be promptly corrected. The imaging studies and the operative report are critical as to whether the screw needs to be re-positioned or otherwise corrected.

Cases that have been brought to the Landau Law Shop involving the placement of such screws and suggestions that the neurosurgeon did not adhere to the applicable standard of care have been found to be without merit, as there is variation in the patients’ spines, movement due to activity post-operatively and subsequent insult, injury or accidents affecting the already damaged spinal column.

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