It is hard to answer your question with the facts given. Spinal surgery is usually considered a last resort procedure. Prior to performing spinal surgery, your physicians would attempt to exhaust all less invasive means (physical therapy, epidural injections, medications etc.). So, even if you had herniated discs there would have been some delay between diagnosing the condition and your surgery. Unless you can prove that the failure to perform surgery sooner contributed to the pathology, I think you will have a tough time proving a case against the doctor who initially diagnosed you with a sprain.
If you want to investigate a case further, 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.
Click here for an article that explains what you can expect when filing a medical malpractice case.
Click here and here for more information about me.
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 Web: www.starrgern.com.
Answered on Oct 03rd, 2012 at 11:50 AM