It’s hard to tell you whether you have a medical malpractice case because as things stand right now you don’t know why you have not gotten better medically. If you get a second opinion surgeon advises that you need another surgery and implies that this is because of something that went wrong in the first surgery you may have reason to investigate the case, but if the second surgeon helps you there will be questions about whether the case is financially viable. Try to answer the medical questions and then perhaps get a referral to a malpractice lawyer from your workers compensation attorney.
If you want to investigate a case further, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.
Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability.
Click here for an article that explains what you can and should expect when pursuing a medical malpractice case.
Click here for more information about me.
Please understand that by answering your question in this informal forum I am not acting as your attorney. I am not doing anything to protect any legal rights that you have.
Answered on Jun 25th, 2016 at 7:53 AM