Im 17. in sum 05 i have spine fusion for scoliosis. 1month later found out a screw "came loose" and had another operation for that. everything was ok.. except i had some pain but the doc said everything was normal. in 07 i had really bad back pain.. i told the doc and we made appointments. but like a week b4 them he cancelled. in aug 07 i found out a screw broke and the lumbar part of my back did not fuse. i decided to get the med records and it says that the doc thought that during the surgery #1 the screw that eventually came loose was too lateral but maybe ok... but more importantly.. the docs noted in AUG 06 a screw was fractured... he did not try to contact me in any way until i was able to get an appointment in aug 07... wat should i do?
2007-09-30 17:24:32 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
would this be malpractice?
2007-09-30 17:30:24 · update #1
im going to a diff doc now. doc #1 said that everything was fine and normal.. but doc #2 was like oh.. this isnt fused.. and due to #2 im going in for cat and bone scans to see if everything is otherwise ok
2007-09-30 17:36:55 · update #2
You have legit grounds for a lawsuit due to the doctor's error... hire an attorney as soon as possible.
2007-10-04 16:47:04 · answer #1 · answered by BeachBum 7 · 0⤊ 0⤋
I think to prove malpractice, you need 3 things. Negligence, damage and if standard of care has been met..
Failed fusion isn't doctors fault as that's something that's out of their control...there's just no way to predict how your body will respond...but if he knew about it and didn't tell you, possible negligence...
And if not doing anything up until now has caused more damage because of his inaction, possible damage and breech of standard of care...
but...that's going to be hard to prove. Could he have done a revision surgery as soon as he found out? And would it have made difference? That's going to be hell to prove..
If you think there's a case, have a consultation with malpractice lawyer...they'll tell you whether there's a case or not...
2007-10-01 13:00:02 · answer #2 · answered by familyguy 3 · 0⤊ 1⤋
you need to talk to a malpractice lawyer in your state. It may not be considered malpractise but you might be able to arrange a settlement anyway, even if its just further treatment at no further cost.
After talking to a lawyer I would get a second opinion on your condition from another Doctor.
2007-10-01 00:36:08 · answer #3 · answered by mark 6 · 0⤊ 0⤋
Get a lawyer, and thank god you can still sue.
In a few years when the government takes over you wont be able too.
2007-10-01 00:28:29 · answer #4 · answered by Anonymous · 0⤊ 0⤋
You need professional advice, both medical and legal. Most of us on here are not qualified to give that kind of advice.
2007-10-01 00:33:27 · answer #5 · answered by hottotrot1_usa 7 · 0⤊ 0⤋