What are my rights if I had a spinal fusion and one screw was not placedin L-5?

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What are my rights if I had a spinal fusion and one screw was not placedin L-5?

I had reported all the problems I was having with recovery to my doctor. And he just extend my disability but didn’t investigate my issues from surgery. I got a second doctor to look at me and he said that my back is unstable and I need a second surgery to stabilize the spine with is on the nerve and has weaken my bladder. I feel my doctor that did the surgery has ignored and didn’t follow through on my recovery.

Asked on August 27, 2013 under Malpractice Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Medical malpractice is negligence.  Negligence is the failure to exercise due care, that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm.

You should obtain your medical records, medical bills, and medical reports; especially the medical report from the second doctor.  Your second doctor's report will strengthen your claim for malpractice against the first doctor.

Prior to filing a malpractice claim against the first doctor, it may be possible to settle the case with the first doctor's malpractice insurance carrier.  Your claim filed with the first doctor's malpractice insurance carrier should include your medical bills, medical reports (especially the report from the second doctor) and documentation of any wage loss.  Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.

If the case is settled with the first doctor's malpractice insurance carrier, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the first doctor's  malpractice insurance carrier, reject the settlement offers and file a lawsuit for negligence against the first doctor.  If the case is NOT settled with the first doctor's malpractice insurance carrier, your lawsuit for negligence against the first doctor must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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