Legal Question in Medical Malpractice in Oregon
Surgery
I had a ruptured disc and had surgery on 03/12/08. After the surgery I still had the same symptoms, but my doctor said it would take time. Well 7 months later another doctor ordered a CT scan and the results are the same as the scan I had prior to surgery. The disc is still pressing on my spinal cord. Can I do anything about this?
1 Answer from Attorneys
Re: Surgery
You should ask your second doctor exactly what part of your back was the part operated on, and what sort of a mistake was apparently made. It sounds as if the surgeon made an error that will require a second surgery. If so, it's certainly possible you have a valid claim against that doctor, and I would consult with a skilled medical malpractice lawyer as soon as possible. Doctors usually carry insurance for just such mistakes, but you really ought to have a lawyer to deal with something like this.
There are time limits involved -- some very short -- so you should consult with a lawyer right away. If the surgery was done under the auspices of any state agency (at OHSU, for example), then, to be safe, you'd want to get a "Tort Claim Notice" filed immediately.
Most lawyers -- my firm included -- handle these sorts of cases on a contingency basis, a percentage of what the firm can obtain for you. The lawyer at my firm to talk to would be Dylan Lawrence, but any good medical malpractice lawyer should be able to assist you.
Good luck to you on your medical condition. Hopefully, it can be remedied and your back can still be fixed. What does your second doctor say about that?
-- Sam