QUESTION

I have a current Neurosurgeon who told me my last surgeon in Nevada was negligent in my care.

Asked on Oct 10th, 2013 on Medical Malpractice - Nevada
More details to this question:
My current Neurosurgeon in CA told me my last surgeon Dr Halki from the Reno Ortho Clinic, should have sent me to a surgeon who had the skills to do the surgery that I needed. I was told he put in the cervical plates wrong, and they were the wrong size. I was told Dr Halki did not have the skills to do my surgery and should have sent to another surgeon who had the skills. Dr Halki did a 4 level posterior cervical spinal fusion in 2009 He then did a one level anterior cervical spinal fusion in 2010. I heard that the statue of limitation can include the time I found out that malpractice/negligence occured. I just found out in July of 2013.
Report Abuse

1 ANSWER

Catastrophic Injury Attorney serving Roseland, NJ at John J. Ratkowitz
Update Your Profile
The tolling of the statute of limitations under the "discovery rule" is a common law and sometimes a statutory defense to a SOL defense, so to know whether it applies to your case, you will have to contact a Nevada attorney who will know the law pertaining to that state's SOL. Also, you will need to consult a Nevada lawyer because that is where the case will have to be filed.  Obviously, if the second surgeon is correct, you have a malpractice case worth investigating. In my experience, however, spinal surgeons are quick to criticize other doctors "off the record" but won't act as experts in a litigation. Additionally, when I consult a different expert, I often get a different story (the harm was an accepted complication of the procedure, the plates migrated after the surgert etc.).  If you want to investigate a malpractice case, 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,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. 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. 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  Skype: john_ratkowitz Click here for my website. 
Answered on Oct 12th, 2013 at 11:21 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters