What are my options if a hardware ithat was placed in my lower back has broken?

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What are my options if a hardware ithat was placed in my lower back has broken?

One of the pins fell out of one of the rods. I have been having a lot of pain in lower right side. Do I have a claim? What advice can you give me? Should I talk to a lawyer?

Asked on March 18, 2014 under Malpractice Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If the device broke because--

1) it was defectively designed or manufactured;

2) the surgeon and medical team damaged it in placing it, or placed it improperly;

3) it was the wrong device and should not have been used on you for your problem or condition

--then you very well may have a possibly significant medical claim against the medical team and/or device manufacturer; you could potentially recover your medical costs (e.g. to remove it and replace it with the proper hardware), lost wages, pain and suffering (for reduction in quality of life and/or disability), and similar damages.

On the other hand, if there was nothing wrong with the hardware of the medical treatment and it broke, for example, because you fell, or were in a car accident, or something/someone hit you in the back, then you would most likely not have a claim.

The best way to evaluate whether you have a claim, what it might be worth, how strong it is, and what it might cost to pursue it, would be to consult with an experienced personal injury or malpractice attorney. Good luck.


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