Legal Question in Medical Malpractice in California

Spinal surgery gone Bad

I had lumbar spine decompression surgery this year with epidural

block for pain after surgery.I was otherwise healthy. When the foley

catheter was removed the next day I could not void. I was told by

thesurgeon that this happened to him once before but it got better

in 1 wk. He sent me home catheterized with a referral to a urologist

who in turn sent me to another more expert neuologist (all at my

expense) who determined I had a dysfunctional bladder

secondary to spinal shock.Additionally my bowel will not move

without laxitive stimulation. Currently,6 mo. later I am essentially

incontinent, cannot have sex without voiding, and still cannot

normally move my bowels. In follow-up visit to surgeon he said that

there was ''nothing he did to cause this problemand that I should

have a pelvic MRI to R/O a lesion''. Of course it was negative. He

was indifferent, unresponsive and virtually never contacted me to

check on my condition. I was never pre-warned of this possible

outcome. Is there any legal action possible here?


Asked on 2/10/06, 3:45 pm

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Spinal surgery gone Bad

If I were you, I'd get a second opinion from another neurologist / spinal surgeon at some other facility. The main focus should be to get well. Please remember, though, that there are strict time limits on bringing a lawsuit against a doctor, as well. There are several lawyers who specialize in doctor malpractice. The lawyer should refer you to a specialist for an evaluation that can get both issues resolved at once -- your health and legal action. Good luck to you.

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Answered on 2/13/06, 7:05 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Spinal surgery gone Bad

Yes. You can have your medical records reviewed by a qualified orthopedic surgeon and a neuorologist through a law firm. If your condition was caused by substandard practice by the surgeon, you can pursue a med mal case.

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Answered on 2/13/06, 9:24 pm


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