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

UPDATED: Apr 10, 2019

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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