Legal Question in Medical Malpractice in Wyoming
Neck fusion
I had the c4,c5,c6 vertabraes in my neck fused 12/13/02 due to a work related accident. In June of 2003 at a check up I complained of pain in my neck. The doctor said it would go away and done nothing else. In September I ask the doctor how much pain I should have in the neck, he said I should have none. I told him that I did have pain and that it was worse than before surgery. He replied that I didn't have any pain and turned and walked away. He never did schedule another appointment or any correspondence. In February of 2004 I had a cat scan done that included the fused portion of my neck. It showed that the screws and plates in my neck had come loose, and that part of the bone graft in the c4 section hadn't worked and was pinching the nerves at this spot. I would like to know what recourse I have with this surgeon.
1 Answer from Attorneys
Re: Neck fusion
Based on what you describe, you may very well have a claim for medical malpractice against the surgeon. Obtaining your medical records and having them reviewed by a qualified professional (lawyer and/or medical expert witness) will help determine your rights and remedies.
I suggest that you consult with an experienced medical malpractice attorney to discuss your options. Typically, there is no charge for an initial consultation or for the case evaulation. Also, typcially, the lawyer's fee is contingent -- in other words, it is a percentage of any recovery obtained on your behalf. The issue of out-of-pocket costs is handled differently by different lawyers in different states.
You should talk to a lawyer as soon as possible because there are statutes of limitations applicable to your claim. This means that you must take formal action, such as filing a lawsuit, within the applicable deadline or any claims you may have will be barred forever.
[This communication is informational only. It is not legal advice and does not establish an attorney-client relationship.]
Adam Studnicki
Medical Malpractice Lawyer
480 361 2442