What are my rights if I have a titanium screw in my neck fusion that has broken?

UPDATED: Nov 13, 2013

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What are my rights if I have a titanium screw in my neck fusion that has broken?

Do you know if I would have a case against the manufactors of this screw? I have had a lot of pain in my neck for this injury. I had this surgery about 8 years ago.

Asked on November 13, 2013 under Personal Injury, Utah


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You *may* have a case--or may not. It depends upon whether the screw was defectively designed or manufactured. If it was defective, then yes, the manufacturer may well be liable; but if the screw were not defective, they would not be.

Similarly, if the medical team or doctor who installed the screw installed it incorrectly or selected the wrong screw or procedure, you may have a case against them.

You should meet with a medical malpractice attorney to discuss the situation and your possible recourse in greater detail.

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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