Legal Question in Medical Malpractice in Texas

Wrong Surgery Preformed

I went in for back surgery on 6/6/08. The surgery was much less invasive than other back fusions. I have waited 3 years for something that wouldnt make me miss 2-3 months of work. I even talked to the doctor about the week that he required me to take off. While unconsious the doctor decided it was in my best interest to go ahead and give a full back fusion with screws and pins incerted in my spine. Post surgery I have no feeling in my left leg and am out of work fo who knows how long. I did ask the doctor how a 1'' cut went to a 9''cut with 2 screws and a pin. He said that he decided that I would not be happy with the scheduled so he changed his mind. How does Doctor think he has the right to change surgerys without talking to anyone. He didnt even walk to waiting room and talk to my wife which would have said no to full back fusion. Do I have a case here?


Asked on 3/15/08, 4:20 pm

1 Answer from Attorneys
Michelle Wan Thomas & Wan

Re: Wrong Surgery Preformed

Sorry to hear about your botched surgery. It definitely sounds like the surgeon overstepped his authority. You must give consent to the exact procedure performed. To evaluate your case, we would need to review your medical records. Have you seen another surgeon to see what your future medical improvement may be?

We had a similar case in which the surgeon operated at the wrong level on a woman's back--he had the same excuse regarding "opening her up and deciding to do something different"--he has since been barred from practicing medicine. Feel free to email if you have any questions.

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Answered on 3/18/08, 2:22 pm


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