What are my rights if I have a titanium screw in my neck fusion that has broken?

Do you know if I would have a case against the manufactors of this screw? I have had a lot of pain in my neck for this injury. I had this surgery about 8 years ago.

Asked on November 13, 2013 under Personal Injury, Utah

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You *may* have a case--or may not. It depends upon whether the screw was defectively designed or manufactured. If it was defective, then yes, the manufacturer may well be liable; but if the screw were not defective, they would not be.

Similarly, if the medical team or doctor who installed the screw installed it incorrectly or selected the wrong screw or procedure, you may have a case against them.

You should meet with a medical malpractice attorney to discuss the situation and your possible recourse in greater detail.


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