Legal Question in Medical Malpractice in Michigan

Herniated disc

I went to my doctor on thursday with loss of feeling in my lower back and groin. He gave me Vicodin flexirel and a slip for phsical therapy, and showed me various stretches to help. No change in pain or feeling loss on monday and my doctor was on vacation. Went to ER. Given an MRI and admitted with herniated disc that was impimging on the nerve. Was operated on the next day. Neuro surgeon said that I should have come in straight away, and because the nerve had been impinged for four days there was no guarantee that I will ever recover feeling in certain ares. These areas affect sphincter control, bladder control, and sensitivity to penis and left testicle.

I am a 45 year old man, and I am not looking forward to the rest of my life with the prospect of the odd accident in my underwear and certainly not looking forward to reduced sensitivity during sex to the extent that it isn't even enjoyable. My doctor should have sent me to have an MRI immediately. Do you think that I may have a course of action here?


Asked on 8/12/07, 8:19 pm

2 Answers from Attorneys
William Stern William Stern, P.C.

Re: Herniated disc

First, I think you would be hard pressed to find a doctor to say that your family doctor did not act reasonably, even though he was wrong. Second, the doctor who told you that you probably sustained permanent nerve damage due to the delay, ask him if he would testify that the delay more likely than not caused permanent, irreversible nerve damage. I am fairly certain that his testimony would be weak on causation. The interesting thing is that you have a two year statute of limitation. This means that you must file or at least start proceedings within two years of the malpractice. The doctors will tell you that you need at least 16 months or so to even determine the extent of your damage. that doesn't allow much time to act. William S. Stern

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Answered on 8/12/07, 9:11 pm
Renee Walsh LawRefs Nonprofit

Re: Herniated disc

I defended a couple medical malpractice cases with this same fact scenario. You will not have a problem finding a neurosurgeon to testify that you suffered permanent damage that will continue to be permanent. Furthermore, you will not have a problem finding a family doctor to testify that your family doctor should have sent you in for an MRI. Loss of feeling is a huge red flag. I have a fabulous medical malpractice attorney to recommend to you if you want a name.

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Answered on 8/12/07, 10:13 pm


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