IfI suffered an injury to my artery during surgery, how doI proceed with a malpractice suit?

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IfI suffered an injury to my artery during surgery, how doI proceed with a malpractice suit?

My left vertebral artery was severed during a surgery to have a herniated disc removed in my neck. It unable to be repaired only by clamping the ends. I was in the intensive care unit for 2 days before I was moved to another room. When I woke up I was told of the injury to the artery and that they had to give me an angiogram. My left eye was low as if I had had a stroke and I had no feeling on the left side of my chin. It’s been a year since the surgery and I am still having pain in my neck and back which has hindered me from working full-time. A second opinion neurologist looked at my MRI from before and after and said it looked wrong. Should I consult with a malpractice attorney? In Cook County, IL.

Asked on February 3, 2011 under Malpractice Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Definitely consult with a malpractice attorney. The fact that someone has a bad outcome from medical care does not, by itself mean that malpractice occured; the issue is whether the medical care was negligent, careless, or deficient in some way. If it was good care but something bad happened, there's no liability; if it was bad or inadequate care, there may be liability, and experienced medical malpractice counsel can evaluate the circumstances and advise you as to the strength and value of your case. Not that if there was medical malpractice, the potential award could be huge: all medical costs, any lost wages or dimunition in earning potential, pain and suffering, other out of pocket costs incurred, etc. Good luck.


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