QUESTION
Do I have a malpractice case if it has been 14 months after the surgery and my daughter still has problems walking and lost feeling in her foot?
Asked on Nov 04th, 2012 on Personal Injury - New York
More details to this question:
My 15-year old daughter went in for spinal surgery and suffered spinal cord injury and she was left paralyzed in hospital for two months. She had to learn to walk again but still has trouble walking and numbness in feet and legs. They said they stopped surgery and don't know what went wrong.
15 ANSWERS
Answer: I can't say whether you do or don't have a claim. A bad result after a medical procedure proves nothing other than she had a bad result. If there was negligence, then there is a claim, but without proof of negligence it's impossible to know.
Answered on Nov 09th, 2012 at 6:09 AM
Arbitration & Mediation Attorney serving Ann Arbor, MI
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Blaske and Blaske PLC
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Just because she still has problems walking and lost feeling in her foot doesn't necessarily mean there was malpractice, because there are a number of known complications - including paralysis and nerve damage - with spinal surgery. What makes you think someone committed malpractice? Without knowing that it is impossible to give you any more specific advice, other than to consult with an attorney right away so he/she can talk to you, gather the records, and analyze that information.
Answered on Nov 07th, 2012 at 9:09 PM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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To give you an informed opinion, I would need to see a complete medical record of your daughter: what was the condition that required the surgery, her medical history and concurrent conditions that existed at the time of the surgery; what surgery was performed, the techniques and the anesthesia that were used; etc.? Otherwise, the "opinion" would be nothing more than a speculation. An attorney who does not have an extensive experience with neurological/neurosurgical cases would also have to consult a medical specialist in these areas before forming an answer to your question.
Answered on Nov 06th, 2012 at 6:50 PM
Thomas Edward Gates
Yes, it would appear you have a malpractice suit you can pursue.
Answered on Nov 06th, 2012 at 6:50 PM
Ronald A. Steinberg
Sometimes, despite doing everything perfectly, there can be a bad result. I would suggest contacting a malpractice lawyer. Usually, they have a nurse working with them who knows which questions to ask, and then, depending on the answers, will decide if they should order the medical records and have them reviewed by a doctor. If your daughter had a spinal cord injury, it is possible that the problems she has now are directly related to the original injury; sometimes, trying to deal with the injury, more damage is done. You would be well advised to take her to a major medical center, like Cleveland Clinic, Mayo Clinic, Henry Ford Hospital (Main Campus), all of which have good neurology departments, so you could get a second opinion.
Answered on Nov 06th, 2012 at 6:50 PM
As for the claim, it is your daughter's claim. In California there is a three year statute of limitations period for medical malpractice cases involving a minor over the age of 8. However, if the hospital was a government owned and operated hospital, that would mean you had to file a government claim against the government entity within 6 months of the injury. You should contact an attorney who handles medical malpractice cases in your area.
Answered on Nov 06th, 2012 at 6:49 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Whether you have a malpractice case is a complicated question that requires more information than you have provided. You should look for malpractice attorneys on the internet or yellow pages and make an appointment to talk to one. In some cases, you have only 2 years from the surgery to file suit. The attorney will have to get all of your medical records and get a medical opinion as to whether malpractice occurred.
Answered on Nov 06th, 2012 at 6:48 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Your daughter may have a claim. She should wait another year to see how her recovery continues. Why did she need spinal surgery?
Answered on Nov 06th, 2012 at 6:48 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You may but you wont know until you get the entire medical chart and have it reviewed by a surgeon. It is a doctor call and the doctor must say before you can start a malpractice case. it may just be a bad result. There is no guarantee with surgery of any kind.
Answered on Nov 06th, 2012 at 6:47 PM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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Consult an attorney.
Answered on Nov 06th, 2012 at 6:46 PM
You should consuilt with a plainbtiff's medical malpractice lawyer for specific legal advice and direction.
Answered on Nov 06th, 2012 at 6:40 PM
Bad Faith Attorney serving Orlando, FL
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Riley Allen Law
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The outcome unfortunately is a risk of any spinal surgery. But, here it will depend on the specific detail of what the procedure was, whether it was technically carried out the right way, how it could have been avoided, what can be done to assist your daughter going forward, whether a nerve injured at the time will regenerate and improve, thus what her prognosis is going forward, and many other factors that cannot be answered in an email. But, the facts justify further exploration. Every medical malpractice case is a battle-every single one. You have to be willing and able to fight and you have to be prepared at the highest possible level. 1Samuel17:40 as I like to refer to it.
Answered on Nov 06th, 2012 at 6:40 PM
Rabeh M. A. Soofi
I am extremely sorry this has happened to your poor daughter. In California, the medical malpractice statute runs from 3 years from the date of the accident, or 1 year from the date of discovery, whichever is earliest. I would strongly encourage you to contact a med mal lawyer right away.
Answered on Nov 06th, 2012 at 6:39 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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You need to promptly see an attorney who does a substantial amount of medical malpractice; you have virtually no chance of prevailing in an action for legal malpractice by yourself with all of the hurdles and pitfalls in bringing such a claim. While the statute of limitations is two years, the more time you give your lawyer to investigate the case, the better.
Answered on Nov 06th, 2012 at 6:29 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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The question is not whether you have a case, it is whether your daughter does. Of course, since she is a minor, you would be the named Plaintiff on her behalf. In order to bring a medical malpractice case, you would have to prove a failure to conform to accepted practice, resulting in an injury. A bad result is not enough, and if it is a "judgment call" by the doctor, there is no malpractice, even if the doctor made the wrong call. Spinal surgery is of course a delicate procedure, and since her condition was serious enough to require such surgery in the first place, there was always the risk that the difficulties she has experienced afterwards would have come about no matter what the surgeon did. You will need to get copies of ALL of your daughter's medical records and have a surgeon review them; if he/she is willing to testify that your previous surgeon(s) failed to conform to accepted practice, then she has a case.
Answered on Nov 06th, 2012 at 6:29 PM