Can I pursue a medical malpractice case for ignored CSF leak?

Question

In September 2024, I consulted with a neurologist because I was experiencing severe difficulties walking and using my arms. Despite providing him with MRI scans of my brain and full spine—which indicated a potential CSF leak with fluid collection—and various medical reports from other doctors, he dismissed my concerns, suggesting that I just needed to lose weight and take antidepressants. He assured me that there was nothing wrong and that surgery wouldn't help. However, on February 6, 2025, I underwent a non-elective surgery to repair a major CSF leak caused by a spinal cord tear, as confirmed by other specialists. After seeing another neurologist and a CSF leak specialist, I was advised that the CSF leak was contributing to my symptoms, and urgent surgery was required. Do I have a medical malpractice case against the first neurologist for failing to diagnose the CSF leak and dismissing my symptoms without conducting further testing?

Eliza Jasinska · Answer

To establish malpractice, you must prove that the neurologist breached the standard of care by failing to diagnose or further investigate your CSF leak, that this failure caused harm, and that you suffered damages as a result. Since you ultimately required urgent surgery for a confirmed spinal cord tear, a key issue will be whether the delay in diagnosis worsened your condition or led to additional harm.

James L. Arrasmith · Answer

You may have a valid medical malpractice claim based on the situation you've described. Medical malpractice typically requires four elements: a duty of care existed, the doctor breached that standard of care, this breach caused your injury, and you suffered damages as a result. The neurologist dismissing your symptoms despite evidence on MRI scans and later confirmation by other doctors could potentially establish a breach of the standard of care. 
 
The timing between your initial consultation in September 2024 and your necessary surgery in February 2025 suggests a significant delay in proper treatment, which might have worsened your condition. This timeline, along with documentation from your subsequent doctors confirming the CSF leak was visible and required surgical intervention, could strengthen your case considerably. 
 
I recommend consulting with a medical malpractice attorney who focuses on these types of cases in California as soon as possible, as there are strict time limits for filing such claims. Bring all your medical records, including the original MRIs, the second opinions, surgical records, and any documentation of how the delay affected your quality of life and recovery. Remember that successful medical malpractice cases typically require expert medical testimony to establish that the first neurologist's actions fell below the accepted standard of care.

Q: Can I pursue a medical malpractice case for ignored CSF leak?