QUESTION

Do I seem like a potential medical malpractice case?

Asked on Jun 09th, 2014 on Medical Malpractice - Virginia
More details to this question:
It has been almost a year since having radical back surgery. I still have extreme pain, postural problems and numbness in my lower back, groin, hip and right leg.
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1 ANSWER

Family Law Attorney serving Tysons, VA
1 Award
It is impossible to say without having a medical expert review your case, but in order to sustain a successful malpractice claim you would have to show that the doctor's negligence was the CAUSE of your pain and other problems.  Since you presumably had back problems before the surgery, it would probably be difficult to show that the surgery was the cause of the problem, unless these symptoms are completely new.  It sounds more likely that the surgery just did not work to correct the underlying problems, but that it is not necessarily malpractice.  There is never any guarantee of success with a medical procedure and there are even generally accepted risks that it could make you worse.  As long as the doctor acted within the standard of care that a reasonable doctor would have, then you would not have any legal claim against him or her.  Bringing a medical malpractice case is usually extremely expensive, requiring expert testimony and many hours of attorney work.  Even evaluating the case to determine whether there was professional negligence can cost thousands of dollars, so unless you have some reason to think the doctor did something wrong, it could prohibitively expensive to bring such a claim. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.
Answered on Jun 09th, 2014 at 8:40 PM

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