Planning for Future Surgery After a Spinal Cord Injury

Being told you may need another surgery after a spinal cord injury raises a hard question: who will pay for it? If you were hurt in New Mexico, future surgery costs can be part of an injury claim when medical evidence ties that surgery to the injury. Here is how that works.

Short Answer: Can Future Surgery Costs Be Part of a Spinal Cord Injury Claim?

Yes, a New Mexico injury claim can include future surgery costs when a surgery is needed because of the injury. Each case has its own facts, including the medical recommendation, how the injury happened, and what the records show.

New Mexico injury claims rest on negligence. The injured person must show that the other side owed a duty, breached it, and that the breach was a proximate cause of the injury, as explained in Herrera v. Quality Pontiac. New Mexico’s current causation instruction, UJI 13-305, asks whether the defendant’s conduct is reasonably connected as a significant link to the injury. It need not be the only cause.

This page focuses on future surgery. It is general information, not a prediction of how any particular claim will turn out.

What Future Surgery Costs Can Cover After a Spinal Cord Injury

Future surgery costs cover operations that a treating doctor expects the injured person to need because of the injury. Common examples include decompression, spinal fusion, hardware removal or revision, and procedures to treat complications from the injury.

Surgery often comes with related care. These costs can include the hospital stay, anesthesia, imaging, follow-up visits, and rehabilitation after the operation. Keep every bill, referral, and discharge summary so each cost can be shown separately.

Every future surgery must connect to the injury. Medical records are often reviewed to see how a surgery relates to the injuries from the crash. New Mexico’s UJI 13-305 causation instruction asks whether the act contributed to bringing about the injury and was “reasonably connected as a significant link to the injury.”

How Future Surgery Needs Are Proven in a New Mexico Claim

Future surgery needs are proven mainly through medical evidence, and the treating physician’s records come first. A surgeon’s written recommendation shows what operation is expected and why.

Imaging results and surgical notes add detail. Imaging shows the extent of the injury, and operative notes describe what the surgeon found. Together, these records support the medical opinion behind future care.

A neurologist’s report can describe how the injury affects nerve function and what future care may be needed. Testimony from medical providers can then explain how likely the surgery is and when it may be needed, in terms a jury can follow.

One common mistake is a gap in follow-up visits. Missed appointments make it harder to show that a surgery is still needed. Keep every appointment, and ask the doctor to note future surgical recommendations in writing.

Life Care Plans and Cost Estimates for Future Surgery

A life care plan is a written projection of an injured person’s future medical and care needs. It lists the care a person may need in the years ahead and puts an estimated cost next to each item.

A plan usually covers future surgeries, follow-up care, equipment, and therapy. Each listed need should trace back to a medical record or a doctor’s opinion. A need without that support is easier to challenge.

The cost estimates in a plan can be reviewed and questioned in the case. The other side can challenge the medical opinions the plan relies on, the assumptions behind the numbers, or whether a listed surgery is linked to the injury.

That is why the treating physicians’ records matter so much. A plan is only as strong as the medical opinions behind it.

Factors That Shape the Cost of Future Spinal Cord Surgery

The location and severity of the injury shape which future surgeries may be needed. Injuries in different parts of the spine can call for different procedures, and some involve more complex operations.

Age matters too. A younger injured person may need care planned over more years than an older one, so the time span in a plan can change the total picture.

The expected course of recovery also matters. How the injury heals and how the patient responds to treatment both affect whether more surgery is recommended.

Fault can change the final number. New Mexico uses comparative negligence. Related needs, such as equipment or home changes, can sit in the same cost picture.

Deadlines and Notice Requirements That Affect Future Surgery Claims

New Mexico’s general deadline for an injury to the person is three years. NMSA § 37-1-8 requires actions for an injury to the person or reputation of any person to be brought within three years. Actions against sureties on official bonds and on bonds of guardians, conservators, personal representatives and persons acting in a fiduciary capacity must be brought within two years after the principal’s liability is finally established or determined by a judgment or decree of the court.

Claims against a government body follow shorter and stricter rules. Under the Tort Claims Act, an action against a governmental entity or public employee for a tort must be commenced within two years after the occurrence, except that a minor under the full age of seven years has until his ninth birthday to file (NMSA § 41-4-15). Claims against a government entity under the Tort Claims Act must also be presented in writing, stating the time, place and circumstances of the loss or injury, within ninety days after the occurrence (§ 41-4-16(A)). The time during which the injured person is incapacitated from giving notice by reason of injury, not exceeding ninety days (§ 41-4-16(B)), is excluded from the notice period. In a wrongful death claim, the required notice may be presented by, or on behalf of, the personal representative of the person who died, anyone claiming benefits from the proceeds of a wrongful death action, or the consular officer of a foreign country of which the person who died was a citizen, within six months after the date of the occurrence of the injury that resulted in the death; but if the person who died had already presented a notice that would have been sufficient had he lived, the wrongful death action may be brought without any additional notice (§ 41-4-16(C)). Without that notice, a suit generally cannot proceed unless the government body had actual notice. Under NMSA 1978, § 41-4-16(B), a suit against the state or a local public body may proceed without the required written notice if the governmental entity had actual notice of the occurrence.

For all past and future medical expenses from a single occurrence, liability generally cannot exceed $300,000 (§ 41-4-19(A)(2)).

Under NMSA § 37-1-10, in favor of minors and incapacitated persons, the time limits set by the preceding provisions of this chapter, such as § 37-1-8, are extended so that they have one year from the termination of the incapacity to commence actions. This extension does not apply to Tort Claims Act claims: § 41-4-15(A) applies to all persons regardless of minority or other legal disability, except for its own rule for minors under seven. Because these deadlines run from different dates, reviewing your timeline early matters.

Other Claim Paths That Can Apply to a Spinal Cord Injury in New Mexico

Car accidents, trucking accidents, and premises incidents can each lead to a claim that includes future medical costs. The right path depends on how the injury happened and who may be responsible.

More than one party can share fault. Under New Mexico’s several liability rule (NMSA § 41-3A-1), a defendant is generally liable only for its own percentage of fault. Some exceptions apply, such as vicarious liability and defective products.

Catastrophic injuries, including amputations and burns, can also carry long-term care needs. For a broader view of the claim process, read our spinal cord injury claims guide.

Talk With Our Team About Future Surgery Costs in Your Spinal Cord Injury Case

If a surgeon has recommended future surgery after your spinal cord injury, the next step is reviewing your medical records and how those costs may fit your claim.

Contact El Gringo Law for a free, confidential first consultation with no obligation to continue. You can reach the firm through the contact page, by phone, or by chat.

This page is published by El Gringo Law. Josh Wood, licensed in New Mexico and Arizona, is the responsible lawyer for this page.