QUESTION

Do i have a case against a dr if he did a spinal fusion and after 9 months the fusin did not work.

Asked on Jan 15th, 2012 on Medical Malpractice - West Virginia
More details to this question:
Spinal Fusion was done on 2/23/11. Have had problems since. Have seen my pcp many times and have only gotten to see my neurosurgeon 1 time after the surgeon. I recently went to a new dr and he did flexion xrays on my spine that shows that the fusion has not fused. I went to see my pcp and heronly responses were, I''m sorry, I didn''t do my job, and I''m only human. My neurosurgeon has refused to see me Please let me know how I can get quality medical care now
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1 ANSWER

I am sorry to hear about the problems you have been having.  In order to have a medical malpractice case you would need to establish if there was a violation of the standard of care.  While each state has different laws regarding malpractice cases, it is likely that you would need an affidavit from another doctor who is willing to testify that the doctor who did the spinal fusion violated the standard of care.  In order to establish such, you will need to make an appointment to see a local medical malpractice attorney in your area.  You need to request all your medical records and bills relating to this spinal fusion and bring them with you.  The attorney will want to meet with you and then review the medical records to establish such.  Please know that medical malpractice/negligence cases are very difficult and always require the hiring of an expert witness and usually takes years to litigate.  Each state has different laws so it is best that you consult a local medical malpractice/negligence attorney.  Also note that their are time limitations (statute of limitations) on these cases -- an attorney in your area can also help you with this.  I hope this helps.  NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this information.
Answered on Jan 16th, 2012 at 3:01 PM

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