CanI sue my former surgeon for not informing methat I wouldhave chronic pain years after scoliosis surgery?

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CanI sue my former surgeon for not informing methat I wouldhave chronic pain years after scoliosis surgery?

I had harrington rods placed in spine to correct scoliosis surgery. In chronic pain and am on pain medicine raising 2 1/2 year old twins. I was not told I would have chronic pain this long after surgery. He won’t see me because he doesn’t take my insurance. No other doctor will see me because they did not do the surgery. I am frustrated and in pain and it’s getting worse with every day that passes. Am I able to sue for pain and suffering and the fact I was not told this was going to happen and no physical therapy was prescribed from him after the surgery? I’m only 23 years old.

Asked on November 26, 2011 under Malpractice Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It would be worthwhile for you to consult with a malpractice attorney. Not warning you of a strong likelihood (or even certainty) of continuing pain could possibly be malpractice, or medical practice that does not meet accepted standards of care. If it is malpractice, you may be able to recover for pain and suffering for long-lasting significant pain or disability, as well as for medical costs (e.g. to pay for further surgery or physical therapy). Many malpractice lawyers will provide a free initial consultation to evaluate a case; it worth your time to speak with one. Good luck.


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