QUESTION

Does my husband have a malpratice suit ?

Asked on Oct 16th, 2012 on Medical Malpractice - Wisconsin
More details to this question:
My husband had 2 back fusions a year a part from each other the surgon that did them made calams that these surgerys would get my husband back to 80 percent and get him back to work but both the surgerys have failed and now my husband is permently disabled and will never go back to work and he lives in contant pain and was told he would not have to deal with much pain after surgey he can not live his daily life without horrible pain he just settled a work comp case for this back injury but he feels he was promosied too much from the surgery that did not happen
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1 ANSWER

Catastrophic Injury Attorney serving Roseland, NJ at John J. Ratkowitz
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In order to determine if you have a medical malpractice case, an attorney would have to look at the records and ultimately submit them to an expert. At face value, spinal surgery is not always successful and I have had several clients who have had surgery and wound up with failed back syndrome in the absence of negligence. I think it's pretty likely that your husband signed consent forms that said that there was no guarantee that the surgery would be successful. Under the circumstances, I would be surprised if you have a viable case. 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 18th, 2012 at 2:31 PM

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