QUESTION

Is it malpractice if a specialist in spine/nerves said there is nothing wrong with you and everything you feel is normal and later it worsens?

Asked on Aug 16th, 2012 on Medical Malpractice - Louisiana
More details to this question:
I saw a (civilian) nerve specialist and was treated for about 6 months, undergoing back injections. My mobility in my lower back got better during this time and was put on a military medical profile due to his advice in regards to my back. Later during physical therapy I had notable nerves firing throught my legs and pain again. I was advised to go back to the specialist so I made the appointment. He then called my pcm (on base) and said there is nothing wrong with me and said the same to my face and made it out to seem as though I was making it up. I was removed off of profile due to his medical advice and soon after my pain started to return in full force. About a month later I confided with my military doctor on base and asked for a second oppinion. I then recieved another MRI that found my condition has worsened and am now back on a profile and am awaiting a potential spinal surgery and removal from military service after 11 years. I am pretty upset about this situation!
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1 ANSWER

Catastrophic Injury Attorney serving Roseland, NJ at John J. Ratkowitz
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The behavior of the nerve specialist is pretty audacious. I can't fathom why a doctor who assumed you were injured enough to provide you with injections into your spine would later say that you did not have a spinal problem.  I think if you pursue a case, the big problem you are going to have to deal with is the issue of proximate cause. When you began experiencing radiculopathy (nerve firing into legs) that was a sign that you your condition deteriorated. The argument will be that you would have needed spinal surgery irrespective of whether or not you were removed off of the profile as a result of the doctor's errant diagnosis.  If you want to investigate a 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.  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 for more information about me. Click here for more information about my firm. 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 Aug 17th, 2012 at 2:23 PM

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