How do you know!!!

[ryder777]

Hello I'm from Charlotte,N.C. I have a question about medical malpractice how do you know if it is in your best interest to even calling an attorney. I will tell you a little bit about my issue. I was an able body working 40 plus hours a week. Than my orthopedic said it was time for surgery because I was not responding to any other treatment. I had spinal fusion surgery and a laminectomy in nov 06. I came out of surgery with complete pain in my lower back which I could understand, but than my entire right leg from my calf to my entire foot was numb. This is not a symptom that I had before surgery at all. The doc told me that it should go away with time. Well neither the back or the leg has got any pain and the ortho doc will not admit that I have permenant nerve damage in my leg for my workers comp. case so he messing that up for me. I suffer from chronic pain in my lower back and leg. He tells me there is nothing he can do for me. I have had an emg which he has seen. My pain management doc has also seen it and agree with the permanant damage which means lifetime. Do I have any recourse against my ortho doc? I knew there were possibilty's of things not going right, but it was never explained that it cloud be this bad. My life has changed dramatically mentally and physically I'm only 41 and I feel like I'm 60.

[ecmst12]

This is a known risk of a very risky surgery. It's not likely that any negligence occurred. However there is never any reason NOT to consult an attorney just so you can get an objective assessment.

[barry1817]

Originally Posted by ryder777

Hello I'm from Charlotte,N.C. I have a question about medical malpractice how do you know if it is in your best interest to even calling an attorney. I will tell you a little bit about my issue. I was an able body working 40 plus hours a week. Than my orthopedic said it was time for surgery because I was not responding to any other treatment. I had spinal fusion surgery and a laminectomy in nov 06. I came out of surgery with complete pain in my lower back which I could understand, but than my entire right leg from my calf to my entire foot was numb. This is not a symptom that I had before surgery at all. The doc told me that it should go away with time. Well neither the back or the leg has got any pain and the ortho doc will not admit that I have permenant nerve damage in my leg for my workers comp. case so he messing that up for me. I suffer from chronic pain in my lower back and leg. He tells me there is nothing he can do for me. I have had an emg which he has seen. My pain management doc has also seen it and agree with the permanant damage which means lifetime. Do I have any recourse against my ortho doc? I knew there were possibilty's of things not going right, but it was never explained that it cloud be this bad. My life has changed dramatically mentally and physically I'm only 41 and I feel like I'm 60.

Without admitting any wrong doing, I don't know why the doctor is not going to assist your workman comp case. You had problems, you expected surgery to solve the problem, the surgery didn't and if this started as a workman's comp, it probably should continue as one.

Probably a lawyer that deals with workman comp cases would be the ideal way to start to pursue this matter.

I tend to think that you might have a much better result with the doctor if you have legal counsel that is not looking to affix blame for the surgery, but rather to have the doctor deal with the problems that existed, the potential results of surgery, and the fact that because of the workman comp issue, and the surgery not being successful you should have a strong case for workman comp.

[ryder777]

Thanks for the quick replys. I have an attorney for the past 2 years. I'm not trying to place blame I just want him to take me seriously. He acts as if this is not happening to me. All I need him to do is write in my records the truth about the permenacny of my disabilty at this time instead of ignoring the truth that has been found from other specialist. I have been diagnosed with Fail Back Syndrome along with nerve damage in my leg. I need his support anyone know a good way to approach him about this?

[ecmst12]

Your lawyer? Talk to another one.

[lya]

I think another orthopedic surgeon's opinion is needed, one who can expertly state whether or not the nerve damage is an expected outcome of the surgery or of the original injury/condition.

I agree with the advice to get another attorney and add that the 'other' attorney needds to be one who specializes in medmal and worker's comp.