nerve damage

[robynkc]

What is the name of your state? Florida
I had a lower back fusion in 9/2000 and was told that everything went just fine. Even when I conplained about the pain and so forth. I have undergone a second surgey 5/2004 to repair the first surgery that did not fuse. My present surgeon told me prior to surgery that the pain I was have was due to nerve damage done in the firts surgery. And that the damage that has been done is going to be permanent and that there is nothing that can be done to repair it. It seems that the first surgeon damaged the sipnal sack that holds the nerves and the scar tissue it putting presser on the nerves witch is causing pain and the inablity to do alot of every day things,along the the fact that at times my left leg goes out from under me. I have been found diabled though the Dept. of Social Security because of it. I have been unable to work and it has for the last two years made my life full of pain and fear.
The thing is the doctor that did the first surgery has passed away. Do I have a case and is so can I sue the doctors malpractice carrier?

 

[ellencee]

robynkc
My advice to you is to meet with a medmal attorney and discuss your concerns. The consultation visit is usually free.

You have several issues: known risks associated with the surgery (including nerve compression and related symptoms), failure for the 'fusing' to occur (which can be a normal result or the result of negligence), the applicable statute of limitations (you state you knew something was wrong immediately after the surgery).

Before you meet with the attorney, write a simple diary of events from the time of the first surgery and include any physician appointments/medical care for the same or related problem(s). (take the diary with you to the attorney; take any medical records that you have with you, too.)

EC