QUESTION

Can I sue for botched spinal surgery

Asked on May 04th, 2013 on Medical Malpractice - Washington
More details to this question:
I adopted my daughter from China with severe neurological birth defects (kyphosis and tethered spinal cord) 7 years ago. Shortly after she arrived in the US she had surgery at a children's hospital in Seattle to correct the defects. Before the surgery she was ambulatory but after she could not walk. The nerves to her gluteus muscles (required for standing erect) among others had been damaged during the surgery. In the following years I had hoped she would regain use of the muscles but it's just not happening. She will use a wheelchair the rest of her life. Do you think I have a case for damages?
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1 ANSWER

Catastrophic Injury Attorney serving Roseland, NJ at John J. Ratkowitz
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No attorney can tell you whether you have a malpractice case without looking at the records. Sometimes even then you cannot advise a client whether a case is viable without retaining an expert eo evaluate the records and the radiographic films. If nobody warned you of that potential outcome, then you have reason to be suspect that malpractice occurred, and you should conult an attorney given the stakes involved.  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. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. 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, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Click here for my website. 
Answered on May 05th, 2013 at 12:45 PM

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