I had a metal plate put in my neck in April 2014 then had a 2nd one put in Sept 2015 they were supposed to take first one out I was told they didn't have the equitment to take it out but had another plate that fit perfectly but I have severe swelling ,pressure stiffness and pain so now there doing another mri on me my one screw us at an angle and just don't look right I can't work due to all the pain
At the outset, you should immediately file for Social Security disability -- www.ssa.gov to apply online which is the fastest way to go.
As for the malpractice claim, in Ohio you will need to have your records reviewed by an independent neurosurgeon who is willing to execute an affidavit essentially stating that the records have been reviewed, your doctor breached the standard of care by doing or not doing the right thing, and that the reviewing doctor will so testify in court.
This prerequite evaluation generally costs anywhere from $3-4,000 to get the records and pay the reviewing doctor. Note that everyon wants their $$$ upfront. The reviewing doctor could take your money and then opine that there was no malpractice.
If you get a good affidavit, plan on haviong to file a lawsuit and get pretty darn close to trial. Expect to incur an additional $10-15,000 in upfront expenses (doctor fees to appear live to testify, deposition charges, etc.). Most insurance companies will not settle until trial is imminent.
Note that none of the expenses are reimbursable as aprt of damages.
Note too that there is a 1 year statute of limitations for medical malpractice in Ohio from the later of the date the malpractice occurred or the date you last treated with the offending doctor.
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