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Collin County Jury Awards Texas Man $6.2 Million Over Botched Spinal Surgery

This is the largest medical negligence award in Collin County history

The Fort Worth-based Law Offices of Laird & McCloskey recently obtained a $6.2 million jury verdict in Collin County on behalf of a Texas man who became a paraplegic after a failed spinal surgery. 

In the 380th District Court, jurors sided with Bill Proctor, a resident of Lamar County, who experienced permanent neurological harm at the age of 57 due to elective lumbar spinal surgery in 2018. This verdict is considered the largest medical negligence award ever recorded in Collin County.

Following the recommendation of a neurosurgeon, Proctor opted for surgery to address his chronic lower back pain. The lawsuit outlines evidence suggesting that during the procedure, the doctor excessively stretched or compressed the nerves, resulting in permanent impairment of Proctor’s bowel and bladder functions.

Update 3/8/24 - 3:00 p.m. A spokesperson for Dr. Mark V. Silver gave Local Profile the following statement:  

"Attorneys for Dr. Mark V. Silver have filed a motion asking the court to set aside the verdict and enter a judgment in favor of Dr. Silver based on the evidence presented during the trial. 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. It is important to note that Mr. Proctor settled with other parties in the case.  

Dr. Silver has been in practice for 19 years and is board-certified in his area of specialty by both the American Board of Neurological Surgery (ABNS) and the Royal College of Physicians and Surgeons of Canada. Board certification is the highest certification that a physician can achieve in their area of specialization. 

Dr. Silver has been appointed as Chief of Neurosurgery at multiple large medical facilities, and never had a medical malpractice claim after 19 years of practicing neurosurgery and several thousand of successful complex brain and spine surgeries."

The original story continues below. 

According to the lawsuit, the surgical team also neglected to conduct neuromonitoring procedures adequately. This failure prevented the timely detection and communication of changes in nerve conduction, which could have allowed the surgeon to take corrective measures and prevent permanent injury to the patient.

“This was a clear case of medical negligence, and we are pleased that the jury agreed,” Lawyer Seth McCloskey said in a statement. “These were life-altering mistakes made by medical professionals entrusted with Bill’s health and well-being. Although nothing can change what happened, our hope is that this result brings him and his family peace.”  

Following the week-long trial, jurors determined that the doctor bore 60% responsibility for Mr. Proctor’s injuries. According to Texas law, this finding rendered him accountable for all damages incurred.

Proctor was represented by managing partners Seth McCloskey and Steven C. Laird in the lawsuit. In 2023, Best Lawyers in America named both partners at Laird & McCloskey to its 2024 legal guide highlighting the top attorneys in the nation. The firm secured two of the state's top verdicts in 2022, obtaining justice on behalf of another medical malpractice and motor vehicle accident victim.

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