{"id":38433,"date":"2026-09-02T19:10:57","date_gmt":"2026-09-02T19:10:57","guid":{"rendered":"https:\/\/chglawyers.com\/resources\/catastrophic-back-neck-injuries\/failed-back-surgery-chronic-pain-claims\/"},"modified":"2026-09-15T08:06:26","modified_gmt":"2026-09-15T08:06:26","slug":"failed-back-surgery-chronic-pain-claims","status":"publish","type":"page","link":"https:\/\/chglawyers.com\/resources\/catastrophic-back-neck-injuries\/failed-back-surgery-chronic-pain-claims\/","title":{"rendered":"Failed Back Surgery Syndrome Claim | Catastrophic"},"content":{"rendered":"\n
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Catastrophic Spinal Injury | Medical Negligence<\/p>

Severe, Permanent Pain After Back or Neck Surgery<\/h1>

If surgical complications have left you with catastrophic injury, loss of function, or permanent disability, you may have a claim against the surgeon or medical facility.<\/p>

Get a Free Case Evaluation<\/a><\/div>
Get a Free Case Evaluation<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n

By CHG Lawyers \u00b7 Published September 02, 2026<\/p>\n\n

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Failed Back Surgery Syndrome: When Chronic Pain After Surgery May Be Grounds for a Claim<\/h2>\n

You had back surgery hoping it would end the pain and restore your life. Instead, months or years later, you’re still in chronic pain\u2014sometimes worse than before. You can’t work. You can’t do the things you used to do. And you’re wondering: Why didn’t the surgery work? Was something done wrong? Do I have any recourse?<\/em><\/p>\n

This condition is called failed back surgery syndrome (FBSS). It’s not rare. And depending on what caused your original injury and how the surgery was performed, you may have a legal claim.<\/p>\n\n

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Not sure what your next step is?<\/h3>

Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

Get a free consultation<\/a><\/div>
Get a free consultation<\/a><\/div><\/div>\n<\/div>\n

What Is Failed Back Surgery Syndrome?<\/h2>\n

Failed back surgery syndrome is pain that continues or gets worse after back or spinal surgery\u2014even when the surgeon performed the procedure correctly from a technical standpoint.<\/p>\n

Here’s the key point: FBSS is not automatically the result of surgical error. It is a recognized medical condition that can happen even when the surgeon did everything right. But that doesn’t mean negligence wasn’t involved\u2014and it doesn’t mean you have no options.<\/p>\n

Research shows that 5\u201350% of patients may experience an unsuccessful outcome<\/a> following lumbar spinal surgery, according to randomized controlled trials published in peer-reviewed medical literature. This is not rare. It happens to a meaningful number of people who have these procedures.<\/p>\n

In the cases we handle, FBSS often marks a turning point: the injured person hoped surgery would restore function and end pain, but instead they face ongoing disability, repeated treatments, and a fundamentally changed life.<\/p>\n

Why Does Back Surgery Fail to Relieve Pain?<\/h2>\n

Several factors can lead to persistent pain after spinal surgery:<\/p>\n

Scar tissue formation.<\/strong> After surgery, the body’s healing response can create scar tissue (called epidural fibrosis) around the surgical site. This scar tissue can irritate nerves and cause pain.<\/p>\n

Recurrent disc herniation or new problems.<\/strong> A disc can herniate again at the same level. Or degenerative changes can develop at nearby spinal levels, causing new or recurrent symptoms.<\/p>\n

Nerve damage or irritation.<\/strong> Nerves can be irritated or damaged during the surgical procedure itself. Or inflammation can persist after surgery.<\/p>\n

Inadequate pre-surgical diagnosis.<\/strong> Sometimes the surgeon operates on the wrong spinal level. Or the true cause of the patient’s pain was not correctly identified before surgery. This is a potential source of a malpractice claim.<\/p>\n

Underlying conditions not identified before surgery.<\/strong> Some patients have central sensitization (a condition where the nervous system amplifies pain signals) or neuropathic pain (nerve-based pain) that surgery cannot address.<\/p>\n

Post-surgical complications.<\/strong> Infection, bleeding, or inflammation after surgery can prolong or worsen pain.<\/p>\n

Natural variation in healing.<\/strong> Some patients’ bodies respond differently to surgical intervention, regardless of the surgeon’s skill.<\/p>\n

Symptoms of Failed Back Surgery Syndrome<\/h2>\n

The signs of FBSS vary, but commonly include:<\/p>\n