How can I get compensated for a surgerythat has left me unable to ever work?

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How can I get compensated for a surgerythat has left me unable to ever work?

Because a doctor left a screw out it caused my fusion to never heal and my whole spine to shift in my neck. In the meantime the doctor told me that I needed a second fusion which is now questionable as to whether or not I did need it. It still is not healing. I saw a specialist who informed me that because of the screw missing it did not heal and was pushing up which made the spine shift. The caused yet another surgery to reconstruct my spine and has left me unable to work (loosing 20+ years of work). Should I speak with a malpractice attorney? In Hyde Park, NY.

Asked on July 20, 2011 New York

Answers:

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

Answered 10 years ago | Contributor

It would be advisable to speak with a medical malpractice attorney.

You should obtain your medical bills, medical reports and documentation of wage loss.  The medical report from the specialist will provide evidence supporting your malpractice claim against the first doctor.  Medical malpractice is based on negligence.  Negligence is the failure to exercise due care (that degree of care in this case that a reasonable physician in the same community would have exercised under the same or similar circumstances).

It may be possible to settle the case with the first doctor's insurance carrier.  Your claim would consist of the medical bills, medical reports and documentation of wage loss.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss 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.  Compensation for pain and suffering is an amount in addition to the medical bills.

If you are dissatisfied with settlement offers from the insurance carrier, reject the settlement offers and file your lawsuit for negligence against the doctor.  You will need to file your lawsuit prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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