QUESTION

would I have a case if a doctor released me to go to work but then said my C-6-C-7 fusion didn't take

Asked on Jul 11th, 2014 on Medical Malpractice - North Carolina
More details to this question:
Had a C-6-C-7 cervical fusion, June of 2013. Was released to go back to work in August of 2013, Dr. said fusion looked good and i was good. Felt a pop in my neck in February of 2014 and felt like everything was happening all over again. Went to the hospital, had an X-Ray and they told me I needed to go see the Dr. that did my surgery that something was wrong. I went to see him and he said the the fusion didn't take and he was going to have to do another surgery, one that could quite possible disable me. went to get another opinion, was not good. Tried to go back to first Dr. and was told that I had been released from their practice. sent my records to numerous other Dr.s and they agreed with the first Dr. but refused to see me. Feel like I've been black balled. Don't know what to do. In a lot of pain and can't work and feel like no one will help.
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1 ANSWER

Catastrophic Injury Attorney serving Roseland, NJ at John J. Ratkowitz
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It's hard to tell you whether you have a medical malpractice case worth investigating. Clearly, in the normal course of events you wouldn't expect a cervical fusion to fail within seven months of the surgical procedure. At the same time, complications can happen in the absence of negligence. First and foremost, however, you need to deal with the medical issues that you're facing. Try to find a physician affiliated with a teaching hospital and determined exactly what's going on medically and get a second surgery performed if that's what is required. In the meantime, contact a local attorney and find out when the statute of limitations expires on your claim. By dealing with the medical issue you'll be firming up the facts relative to the malpractice case because only after you receive a firm diagnosis and move forward with treatment will an attorney investigating the case know what happened following the first surgery and only then will he be in a position to ascertain what kind of damages are at stake.    If you do want to investigate pursuing the 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.  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. 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 Jul 12th, 2014 at 7:05 AM

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