Can I open a law suit for broken screw in my neck?

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Can I open a law suit for broken screw in my neck?

I had Cervical spinal fusion. The titanium screw broke in less than 4 months.
Is this product liability or Mal practice or both?

Asked on April 10, 2019 under Malpractice Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

It MAY be either, both, or neither. The issue is: why did the screw break?
1) If it broke because the screw was defective, that is product liability.
2) If it broke because it was improperly implanted, or was the wrong type of screw to use for this procedure, it was malpractice.
3) But if it was a sound screw, properly used, and broke for some other reason--e.g. you fell, you engaged in more strenuous exercise than you should have, you were in a car accident, etc.--then it is neither product liability or malpractice.


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