Can I file a malpractice suit if screws or something else went wrong 7 mnths after a cervical disectomy?

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Can I file a malpractice suit if screws or something else went wrong 7 mnths after a cervical disectomy?

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?

Asked on June 22, 2012 under Malpractice Law, Virginia

Answers:

Ron Moore / Ron L. Moore, P.A.

Answered 9 years ago | Contributor

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.  


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