I had a lower back fusion 7 years ago and 6 weeks after surgery it was discovered that one of the screws had sheared off at the bone?

The surgeon decided to leave it to see if fusion took anyway. About 7 months later after moving out of state a second screw had been foun sheared off and now I live in constant pain and large amounts of medication and am disabled. I am unable to fine a surgeon to fix my back. Do I have a case or is it just the way my life is left to be?

Asked on December 9, 2013 under Malpractice Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You may have a case; the issue is whether what the surgeon did (either the initial procedure or the decision to "leave it to see if fusion took anyway") was to provide care that did not meet current accepted standards of medical care for a procedure of that type. If his conduct did meet accepted standards, he would not be liable; but on the other hand, if it did not--if, for example, the surgeon was careless in some way--then he could indeed be liable, or financially responsible--for your pain, disability, and medical costs. From what you write, it would be well worth while to meet with an experienced medical malpractice attorney to discuss the situation in detail.


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