What are our legal rights if my husband has had 2 back surgeries and must go in for a third surgery because of the failure of rods and screws?

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What are our legal rights if my husband has had 2 back surgeries and must go in for a third surgery because of the failure of rods and screws?

The first with a small rod and screws to hold rod in place. The rod bent and the screws broke. He then had the old hardware removed and a cage put on his spine last year. It has been 18 months since the surgery and he found out today that one of the anchoring rods, made of steel (his doctor said the steel is stronger than titanium)broke. He has been going in for regular scans and follow ups which did not show a break until now. He has not been doing anything strenuous since the surgery and we are wondering how this could have happened. Now he is going to have another surgery to correct the broken rod.

Asked on November 27, 2013 under Malpractice Law, Virginia

Answers:

Anne Brady / Law Office of Anne Brady

Answered 7 years ago | Contributor

This does not sounds like malpractice, but possibly defective product litigation.   You need to round up all the medical records from the surgeries and the rods and screws that were used and take them to a personal injury attorney.  The attorney should be able to take the records to a medical expert to determine whether one of the surgeons committed malpractice or whether there was something defective about the hardware.


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