Legal Question in Medical Malpractice in Oklahoma

Malpractice

I have back surgery in 2005 by a Neurosurgeon, while he was in there he put one of the screws threw and into my spinal canal and did not relize it till I complained about the pain all night long....after that he went in and corrected the problem that was in July and he released me from his care in Dec since then I had awful pain and issues with it so I seeked help from another doc and turned out that the fusion was never even healed and I was released from his care and needed another surgery to correct what was not done correct the first time, is there anything that I can do???


Asked on 5/11/09, 9:52 pm

1 Answer from Attorneys
Wayne Allison Allison Legal, LLC

Re: Malpractice

Based on your description of the scenario, you probably do not have a medical negligence claim. A first consideration is the statute of limitations in Oklahoma of two years for a medical negligence claim. Another consideration is there are potentially many reasons for the fusion to not heal properly, which would be a defense to the claim that the only reason it healed improperly was the originial doctor's error. In short, based on your description, I don't believe it's clear liability.

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Answered on 5/12/09, 10:01 am


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