QUESTION

do I have a case?

Asked on Jan 02nd, 2015 on Medical Malpractice - California
More details to this question:
Had cervical fusion for stenosis causing loss of feeling in arms/ hands. problems walking. 4 days after surgery was sent to Rehab Hospital where they decided that the brace holding my neck in place was not needed when teaching me how to shower, So it was removed. Neck went pop, pop, pop. I was worried so ask head Neuro Dr. and was reassured it would take a phyical fall or impact to hurt my neck. At first post-op Appt. Found that Cervical spine reverted to pre surgical position pulling out most of 12 screws holding it in place. Now need more surgury to fix it. Now in Halo brace,and may be for a year. and other complications, to much to write here.
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1 ANSWER

Catastrophic Injury Attorney serving Roseland, NJ at John J. Ratkowitz
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It does sound like the removal of the brace preciptitated the problem, but it is hard to understand how merely removing the brace would result in displacing all of those screws. There should be post-op orders from the ortho spelling out the protocols with respect to the brace, so if the therapists violated orders it should be pretty easy to prove. I think there are other questions, however, given the comprehensive nature of the surery failure.  If you want to investigate a case, 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. 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.  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. 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 Jan 03rd, 2015 at 8:34 AM

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