Legal Question in Medical Malpractice in California

neglegence?

surgical evaluation revealed 2 herniated discs 5-6 & 6-7. 3-4 was noted as, ''weakened, but does not warrant surgery''. I received a double disc fusion w/plate using allograft. Surgery failed still in severe pain. doctor had new MRI done & when the results came in doctor says he wants to, ''Go in undo what he did flip me over and go in the other side and do another surgery''. I got scared and did not go back.(till later) My neurologist admitted me to hosp. for tests to try to find the cause. concluded w/MRI showed 3-4 now herniated. I wanted to discuss this with the surgical doc since it took 1 &a half yrs to discover the failed surgery + new herniation. any one with common knowledge of the procedure should have known that using a titanium plate for the procedure would obviously put strain on the upper & lower discs of the plate. The reported weakened 3-4 4-5 now herniated. im suffering and no one wants to address this . he said I needed another surgery and was going to request authorization for surgery. the next time I went in I was seen only by his assistant who shoved my arm past where it could go hurting me & told me ,'' You are like this because you dont excersize''. That is crazy. Gave me a bag of pills atop of my reg meds


Asked on 5/23/08, 12:39 am

2 Answers from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: neglegence?

I hope you have followed Mr. Roth's advice.

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Answered on 6/16/08, 6:36 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: neglegence?

Your story is sad, but may not be professional negligence. Only a competent review by a qualified spine surgeon can help determine whether there is a med mal case here. It typically costs about $3000 to obtain a competent review.

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Answered on 5/31/08, 10:05 pm


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