What are my rights if I had surgery that required screws to be put in my back and now one of them has broken?

When I saw the doctor who did the surgery, he said that my back was out right above where he put the screws in.

Asked on March 24, 2014 under Malpractice Law, Ohio

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Medical malpractice is negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).

Prior to filing a lawsuit for negligence, it would be advisable to be examined by another doctor, who can write a report supporting your medical malpractice case.  The second doctor should also review your medical records.

Your medical malpractice claim should include your medical bills from both doctors, the medical report especially from the second doctor and documentation of any wage loss.

Prior to filing your lawsuit for negligence against the first doctor, it may be possible to settle the case with the first doctor's malpractice insurance carrier.  Your claim filed with the malpractice insurance carrier should include as mentioned above your medical bills, medical reports and documentation of wage loss.

Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.

If the case is settled with the first doctor's malpractice insurance carrier, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the first doctor's malpractice insurance carrier, reject the settlement offers and file your lawsuit for negligence against the first doctor.  If the case is NOT settled with the first doctor's malpractice insurance carrier, your lawsuit for negligence against the first doctor must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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