Hernated Disc

In Cucalon v. Staten Island Univ. Hosp., a medical malpractice case, the patient initially sought treatment for a herniated disc but ultimately experienced paraplegia following the medical intervention. A herniated disc, also known as a slipped disc or ruptured disc, occurs when the soft inner core of a spinal disc pushes through a crack in the tougher outer layer. When a disc herniates, the inner core (nucleus pulposus) can press on nearby nerves or the spinal cord, causing pain, numbness, or weakness in the area of the body where the affected nerve travels. Symptoms can vary depending on the location of the herniated disc and the amount of pressure it puts on surrounding structures.

Paraplegia is a condition characterized by impairment or loss of movement and sensation in the lower half of the body, including both legs and often the lower trunk. It results from damage to the spinal cord, typically at the thoracic (chest) level or below. This damage disrupts the communication between the brain and the parts of the body below the injury site, leading to paralysis. Paraplegia is usually caused by traumatic injuries such as spinal cord trauma from accidents, falls, or sports injuries. However, it can also be caused by medical malpractice. In Cucalon v. Staten Island Univ. Hosp., the plaintiff alleges that his paraplegia was due to mistakes made by the anesthesiologist.

Background Facts

A 90/180-day claim typically refers to a type of claim under New York’s No-Fault Insurance Law (Insurance Law § 5102(d)). It involves an assertion by a plaintiff that they suffered a qualifying injury that impaired their ability to perform substantially all of their daily activities for at least 90 out of the 180 days following a motor vehicle accident. This claim is significant because it can affect the determination of whether a plaintiff meets the threshold for “serious injury” under New York law, which is required to bring a lawsuit for damages beyond basic no-fault benefits.

In the case of Massillon v. Regalado, the Supreme Court of Bronx County considered issues related to the 90/180-claim rule as well as whether the plaintiff suffered a serious injury as defined by insurance law.

Background Facts

Articles Posted in Hernated Disc

Anesthesiologist accused of failing to maintain adequate anesthesia levels. Cucalon v. Staten Island Univ. Hosp., 2015 N.Y. Slip Op. 32590 (N.Y. Sup. Ct. 2015)

Court assessed whether injuries were serious as required by insurance law. Massillon v. Regalado, 176 A.D.3d 600 (N.Y. App. Div. 2019)