I underwent a spinal fusion 14 months ago to treat scoliosis. However, I do not believe the procedure was done correctly, because I have been suffering from severe back and neck pain, and it continues to get worse over the months. It's now getting to the point where I am at time unable to stand up straight.
I've discussed this with the doctor several times, but his answer is always the same, "it will get better".
Well, it's been over a year, and the original recovery time was 3-4 months. I think the procedure was botched and I'm concerned I may have permanent injury, disability and will not be able to get back to work.
How do I find out if medical malpractice occurred, and what can I do about it?
Answer: (1)
Spinal fusion is a complicated and delicate procedure. If the surgery is not performed with the requisite level of care and surgical skill, there is potential for severe and permanent injury. However, in all types of back surgery, there is some element of risk, even if performed correctly.
Proving medical negligence requires showing that the doctor that performed the surgery did so in such a way that deviated from the accepted medical standard of care. If negligence can be shown, then the doctor can be held liable for medical malpractice and sued in civil court.
The only way to find out if your disability and injury is the result of negligence is to have the case investigated by an expert medical witness.
Talk to a Medical Malpractice Lawyer, as most of these attorneys will have a doctor on staff, or readily available to look into the details of your case and find out if you have legal options to file a medical malpractice lawsuit and seek compensation for the damages.
If it is determined by a medical professional that your surgery was performed negligently, then you can file a medical malpractice civil lawsuit and demand compensation for all the medical expenses, lost income, future medical expenses, future lost earnings, pain and suffering and other damages.
Good luck.
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Posted by Staff Writer on 09 Mar 2010