What to do if I had a spinal fusion that did not work due to possible faulty screws?

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What to do if I had a spinal fusion that did not work due to possible faulty screws?

After 4 weeks, 2 screws broke in my back and the cage turned and pressed against my spine. I had to wait until 2 months to have another surgery to remove the broken product and re-do the complete fusion. I asked for the screws but was not given them;I wanted to determine if the product itself was faulty. I have asked 2 more times about the screws but no one will give me an answer of what happened to them and where they are.

Asked on March 23, 2013 under Malpractice Law, Illinois

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You need to get with a medical malpractice attorney and have them send a preservation letter instructing them not to destroy or dispose of the screws.  From there, the attorney can also help you procure your medical records which should document the need for the second surgery and the condition of the screws.  From there, they can help you make a decision on whether to file a medical malpractice claim or a product liability claim (or some combination thereof).  Considering the response that you have received so far, you need to get this moving now before they dispose of the screws.


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