QUESTION
Do I have a medical malpractice case for a spinal fusion failure due to incorrect equipment?
Asked on Mar 14th, 2015 on Medical Malpractice - Michigan
More details to this question:
I had a spinal fusion performed in November of 2012 by Dr. X. After almost a year of no improvement, increasing pain, and not getting any relief with Dr. X, I sought a second opinion with Dr. Y. Dr. Y ordered several tests, including x-rays and determined that the screws used in the fusion were too short and did not connect as they were supposed to and that the bone spur pressing against the sciatic nerve that was supposed to be removed during the first surgery was still there. During a 2nd spinal fusion done by Dr. Y he verified his findings and discovered that almost no bone grafting material was used and as a result a significant amount of scar material had formed that had to be removed. I was told by Dr. Y that there was no chance of the first surgery being successful with these issues present. I subsequently had to have an additional 2 SI joint fusions done. Do we have any recourse against Dr. X for botching the 1st surgery so badly?
1 ANSWER
Catastrophic Injury Attorney serving Roseland, NJ
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John J. Ratkowitz
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If you can prove what the second surgeon is telling you, then you may have a case, but in my experience subsequent treating surgeons are quick to criticize care that came before them in conversations with patients, but when push comes to shove they will not take that position in court or at a deposition after a case goes into litigation.
If an attorney secures the records and the second doctor's records inferentially suggest some of the things you are saying, it is possible he could hire an independent expert who could look at the pertinent records and films and reach the same conclusion. There will be questions about whether the case is financially viable if the second surgery fixed all of the problems. Articles below explain financial viability in more detail.
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 Mar 15th, 2015 at 12:47 PM