I have suffered significant nerve damage resulting from a surgical mistake that occurred during back surgery. I had a disc removed to help with severe lower back pain, and during the surgery, the doctor caused serious nerve damage. I had to have a few more surgeries to fix the damage, but the surgeons cannot help me. Can I sue the surgeon for causing the nerve damage in the first place?
Do I have a malpractice case for nerve damage after back surgery?
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Answer: (1)
It sounds like you may have a medical malpractice lawsuit for surgical negligence. In order to find out if yours is a meritorious case, you should talk to a medical malpractice lawyer and explain your case.
Your medical malpractice lawyer will have to get a neutral third party medical professional to investigate the details of the original surgery. This medical professional will have to show how the surgeon deviated from the accepted medical standard of care in order to prove that the surgeon was negligent in his medical treatment. Additionally, the medical expert witness will need to show how the surgeons negligence directly caused your undue injury.
Depending on the state in which the injury occurred, you have between one and three years to file a medical malpractice claim against the surgeon, so it is important to act quickly. After the statute of limitations has expired, you will be barred from filing the lawsuit.
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Posted by Staff Writer on 21 Jan 2010