Legal Question in Medical Malpractice in California
bulge disc
hi.i had cervical fusing surgery on c5-6 that was fine no problem from surgery done may 2004. the problem. minor atrothy to c4-5.i been complaining to doctors for years about pain.numbness.weakness.finally got mri. c3-4 disc levels reveals a diffuse disc bulge measuring 2-3 mm there is displacement of the posterior longitudinal ligament.talk to doctor they said it not warranted to do surgery.i am in terrible pain .please let know if something can done about and tell if i have a case or not.i was misdiagnose at first than waited five months before surgery.thanks
2 Answers from Attorneys
Re: bulge disc
I do not think you can beat the Statute of Limitations here.
First, you do not necessarily have malpractice, if doctors merely made the discovery of problems. You have 3 years to sue, and obviously too late.
You, also, have one year from the date of discovery, which you don't state.
You are barred, based on the limited facts in your question.
Re: bulge disc
The statute of limitations regarding the first surgery is passed if it it based upon an unnecessary surgery at C5-6. Your trouble at other levels either is causally unrelated or a risk of the initial fusion. You don't in my view, have a case, but that assessment is made without reference to any medical records or expert consultation. So if you are concerned about malpractice find a lawyer to get the records and have the case reviewed. The lawyer's services are free but not the collecting and copying of the medical records or the services of a qualified orthopedic or neuro surgeon to review the records and fomulate an opinion.
There are non-invasive treatment options for a bulging disk. Check with a good chiropractor.
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