What can we do if my mother had surgery on her back and now she can barely walk due to traumatic pain?

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What can we do if my mother had surgery on her back and now she can barely walk due to traumatic pain?

Before she had the surgery, she could walk fine with little pain. This doctor told her that she needed to have disc fused and pain would go away. As I said before now she can hardly walk without the excruciating pain. She called the doctor to tell him and was to go back to the doctor that did her knee replacement 9 years ago. My mother is 86 years old and and this doctor will not do anything for her. He should not be practicing medicine. He should be accountable for his surgery. Does she have any kind recourse against him?

Asked on January 12, 2015 under Malpractice Law, California

Answers:

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

Answered 6 years ago | Contributor

Medical malpractice is negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).

Your mother should be examined by a second doctor, who can write a report supporting her claim of medical malpractice.  The second doctor should be an orthopedist.

Prior to filing a lawsuit for negligence against the first doctor, it may be possible to settle the case with the first doctor's malpractice insurance carrier.  Your mother's claim filed with that malpractice insurance carrier should include her medical bills and medical reports; especially, the medical report from the second doctor.

Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your mother's injury/condition and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.

If the case is settled with the first doctor's malpractice insurance carrier, NO lawsuit is filed.

If your mother is dissatisfied with settlement offers from the first doctor's malpractice insurance carrier, she should reject the settlement offers and file a lawsuit for negligence against the first doctor.

If the case is NOT settled with the first doctor's malpractice insurance carrier, your mother's lawsuit for negligence against the first doctor must be filed prior to the expiration of the applicable statute of limitations or your mother will lose her rights in the matter forever.


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