To know whether you have a viable medical malpractice case, an attorney would have to look at the records. Nerve damage can occur following spinal surgery in the absence of negligence. The question will be whether you can determine how the nerve damage occurred. If you woke up from surgery and you had symptoms immediately, that suggests that the damage occurred during the surgical procedure. If the symptoms developed over time and got progressively worse, that could suggest a failure of hardware or prosthetic.
Also, what is the nature of your symptoms? Every medical malpractice case raises the issue of financial viability. That subject is covered in some of the articles in the hyperlinks below.
If you want to investigate a case, you should contact a local medical malpractice attorney (one in your state). Most medical malpractice attorneys (including me) work 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.
Below are some articles you may find helpful.
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. Click here to review articles that I have published.
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 Click here for my website.
Answered on Aug 01st, 2014 at 5:50 AM