Q: I recently had fusion surgery in June of this year I have had to deal with significant nerve pain issues, swelling in my
Right ankle extreme discomfort in my back where the hardware was placed nerve pain in my groin area, I’ve had to go to the emergency room due to significant pain in my back where the hardware was placed I’ve had difficulty getting the imaging associated with my visits with the surgeon that performed the surgery
Do I have any legal recourse to resolve this issue
There is not enough information to determine if there was malpractice. The initial questions are, what went wrong and was it due to someone’s fault.
Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.
Under California law, patients who experience complications or negative outcomes following surgery may have legal recourse if they can establish that the medical care they received fell below the accepted standard of care and directly caused their injuries.
In cases like yours, involving post-surgical complications such as nerve pain, swelling, and discomfort, determining whether there was medical malpractice requires a careful evaluation of the medical treatment provided. You should obtain all relevant medical records, including imaging and reports from the emergency room visits.
It's also advisable to seek a second opinion from another medical professional regarding your symptoms and the surgery's outcome. Legal action in medical malpractice cases is time-sensitive, so be aware of the statute of limitations, which in California is generally one year from the date you discover, or through reasonable diligence should have discovered, the injury.
Consulting with a lawyer experienced in medical malpractice can help assess the strength of your case and advise on the best course of action. Remember, each case is unique and requires a detailed review of the specific facts and medical records involved.
A: I'm sorry for your ordeal. Your surgeon may not have duplicates of the imaging studies to provide to you. If they do not have a large support staff, it could be difficult for them to duplicate the files they probably received from the diagnostic imaging center or hospital radiology. Either ask the imaging center, referring doctor, or the medical records vendor. Between those three, you should be able to get your imaging studies. For your other question, one option would be to try to arrange a free initial consult with a law firm that handles such cases. Good luck
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.