QUESTION

Cauda Equina Syndrome caused permanent damage due to misdiagnosis and delay in treatment. Might we have a medical malpractice case?

Asked on Jun 13th, 2013 on Medical Malpractice - Maryland
More details to this question:
*Wife experienced severe back pain-saw family Dr. - 4/2009 *Prescribed valium, told to rest. *Several days passed, no relief. *Scheduled appt. with specialist. *Examined, CTscanned, Emergency surgery for ruptured disc which had entered spinal column causing permanent nerve damage. *Resultant loss of bladder function, loss of bowel function, loss of sexual function, chronic pain in leg and loss of feeling in saddle area. Foot pain, leg pain, loss of balance. Permanently disabled due to ommission of treatment involving original family doctor. Cauda Equina must be treated within several days in order to avoid permanent damage. The specialist was fast to diagnose and act. These events occurred in NJ where we lived at the time.
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1 ANSWER

Catastrophic Injury Attorney serving Roseland, NJ at John J. Ratkowitz
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Depending on the symptoms relayed to the family physician, you may or may not have a case, but the statute of limitations probably ran if your wife was diagnosed with cauda equina syndrome back in 2009. You have two years from the date that you knew or should know that a doctor committed malpractice to file a lawsuit in New Jersey. There are equitable exceptions to this rule, but at face value it does not sound like you meet any of them. These are fact sensitive inquiries, so you may want to run the facts by an attorney over the telephone.  If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in the state where the malpractice occurred).  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 Jun 14th, 2013 at 9:27 PM

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