Can I file a malpractice suit if screws or something else went wrong 7 mnths after a cervical disectomy?
Question Details: I underwent a cervical disectomy with fusion 7 mnths ago, was healing as though and suddenly 3 weeks ago had a sudden onset of pain in surgical area. This was a new pain and not by my choice but I have a f/u with same neuro in a few days. If it turns out the surgery needs to be redone or screws came loose or whatever, does this constitute malpractice?
Can't say as it is too soon to tell. This could simply be a known risk/complication of the procedure and consequently not be a breach of the standard of care. In any event you or an attorney will need to get all the medical records at an appropriate time and have same revied by an appropriate medical expert should you wish to look into this further and you need to check with an attorney in your state where this surgery was performed to see what the applicable statute of limitatations is. Ultimately your damages will be a significant factor in determiningn whether it is economically feasible and worth pursuing.
