Legal Question in Medical Malpractice in South Carolina
malpositioned pedicle screw resulting in additional surgery and disability
I have some pretty clear med records stating that the surgeon who performed a spinal fusion had ''malpositioned'' the pedicle screw as well as breached the medial wall causing entrapment of the S1 nerve root. To repair, I had to submit to additional surgery to remove said screws to release the nerve but ended up with permanent nerve damage anyway...disability severe enough to qualify for Social Security and permanent dependence on morphine for the pain....question is...Why is that when I contact a lawyer to represent me in court...they seem interested until I tell them the damage occurred during a spinal fusion surgery...they never call back and even give me fake fax numbers to send my med notes...supposedly for them to review...I am really out of the loop...why are they afraid to take the case due to it's nature when I have a neurosurgeons op notes describing the damage he saw in the corrective surgery. I will file the suit myself if I only knew how and which court I must go to ....statute of limitations runs out 21 DEC 2001 and I cannot waste anymore time. WILL SOMEONE PLEASE TELL ME HOW TO DETERMINE WHICH COURT TO FILE IN AND THE FIRST STEP AND I CAN TAKE IT FROM THERE
THANKS TO ANYONE WHO ASSIST
'LOST IN LAW LAND'
2 Answers from Attorneys
Re: malpositioned pedicle screw resulting in additional surgery and disability
If you attempt to pursue your claim yourself, you are making a serious mistake. There is a way to toll the statute of limitations, and there are things you need to do before you can even file suit that are required under the applicable Florida statutes concerning medical malpractice actions. Call me at 305-445-0937.
Peter A. Gonzalez
Coral Gables, FL
Re: malpositioned pedicle screw resulting in additional surgery and disability
You are talking one of the most complicated area of the law. Don't jump in get legal help. Call me tomorrow. I won't be at the office but I will check my voice mail. A.J. Comparetto, Esq., 727-328-7900, www.florida-malpractice-lawyers.com