If my surgeon admits that he damaged the L-5 nerve root permanently, do I have a medical malpractice lawsuit?

Medical and dental malpractice claims are, by their nature, very difficult. Under California law, it is necessary, before filing suit, to obtain an affidavit from another professional, verifying that he has reviewed the medical charts and has found that there was negligence. This can cost several thousand dollars, and most attorneys expect that the client will cover this cost. Negligence could be defined as the failure to use REASONABLE care; not all bad outcomes are the result of negligence. You should also be aware that there is a cap on the amount of recovery for ?pain and suffering?, thanks to the doctor lobby. Sometimes one has a good case theoretically, but the damages are too small to warrant a suit. For these reasons, not many lawyers handle malpractice cases. You should seek a specialist. You can contact your LOCAL bar association for a referral.

Medical malpractice cases are difficult and I do not advise trying to handle them yourself. I advise that you contact and seek a consultation with an attorney who specializes in medical malpractice. Many of these attorneys will meet with you for free and discuss your case. Good luck.

You need to retain a personal injury attorney. Based upon your facts, you have a valid claim.

It takes the opinion of a medical expert to answer your question. Medical malpractice lawyers typically have such experts available. Consider consulting one.

The issue will be whether or not your surgeon deviated from the standard of care other surgeons would have provided and that he should have provided. Causing damage is not enough for a malpractice suit but you have to show that the damage should never have occurred had the surgeon performed with adequate professional competence. Please contact me if you need representation or have further questions. I hope this has helped and I wish you all the best.

In order to bring a medical malpractice you would have to find a similar expert to your physician who would testify that the standard of care was violated. As an attorney I am unable to make such a medical judgment, and, if this form of nerve damage is a known and potential side effect of the surgery than it may well be considered to be a risk you undertook and sadly are now victim of.

you had an extremely bad physical situation. Your surgeon tried to correct it, could not. what else is new? Did the surgeon tell you he committed malpractice? I doubt it. you must have your entire medical chart reviewed by another neuro, then ask him the question. this is not a legal question at this point. it is medical. Are you under the impression that doctors must guarantee results? Or that all surgeries are successful or else there is malpractice? A lot of folks are.

You haven't given enough information for a determination whether you have a malpractice suit. See a malpractice lawyer; most charge nothing for an initial consultation.

Have you been able to get an opinion from another doctor concerning the operation?

It is definitely looking into a malpractice lawsuit and I can point you to a good lawyer who specializes in these cases. You will need another surgeon to testify that your surgeon was negligent and caused your injuries and damages.

In order to prove a medical malpractice case, a claimant must 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. From what you describe, there would be considerable difficulties in proving a case. The disc herniation was causing nerve root compression to begin with, that is why you needed the surgery. It may be that the problems you are now experiencing are due to the original condition, not the surgery. Or, it may also be possible that if this doctor, or any doctor performed a large number of these procedures, there is always "X"% probability that something could go wrong. In other words, nothing that the dr did or failed to do, just bad luck. Or it may be possible that he made some error that he never should have made and that's malpractice. You will need to get copies of ALL of your medical records and have a surgeon review them; if he/she is willing to testify that your previous doctor(s) failed to conform to accepted practice, then you have a case.