{"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":"2026-10-27T16:27:34","modified_gmt":"2026-10-27T16:27:34","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: When Surgery Goes"},"content":{"rendered":"\n
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Catastrophic Back & Neck Injuries<\/p>

Failed Back Surgery Syndrome: When Surgery Doesn't End the Pain<\/h1>

You had surgery to fix your back. Instead, you're still in pain\u2014or worse. If negligence or a surgical error left you suffering, you may have a claim.<\/p>

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By CHG Lawyers \u00b7 Published September 26, 2026<\/p>\n\n

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

You had back surgery hoping it would end the pain. 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.<\/p>\n

This condition is called failed back surgery syndrome (FBSS). It’s not rare. Depending on what caused your original injury and how the surgery was performed, you may have a failed back surgery syndrome 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>

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

Failed back surgery syndrome is pain that continues or worsens after back or spinal surgery. This can happen even when the surgeon performed the procedure correctly.<\/p>\n

Here’s the key point: FBSS is not automatically surgical error. It’s a recognized medical condition that can occur even when the surgeon did everything right. But that doesn’t mean negligence wasn’t involved.<\/p>\n

Research shows that 5\u201350% of patients may experience<\/a> unsuccessful outcomes following lumbar spinal surgery. This happens to a meaningful number of people who have these procedures.<\/p>\n

In the cases we handle, a failed back surgery syndrome claim often marks a turning point. The injured person hoped surgery would restore function and end pain. 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 creates 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. 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. 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 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 (where the nervous system amplifies pain signals) or neuropathic 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 surgeon skill.<\/p>\n

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

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