Florida Medical Malpractice Attorney Discusses a Surgeon not Performing a Procedure in a Timely Manner

Question:

I’ve had 3 spinal surgeries. The first was in 2002. I was a laminectomy at the L5S1 level. I was doing great for years. In 5/2010 I had a revision of the same surgery, same level. I didn’t get better. In 11/2010 my surgeon did a fusion at the same level, with a bone graft. I was in the hospital a month with my right leg paralyzed and I had to learn to walk again. I never got better and soon developed a foot drop. I’ve been in pain management since and have a disc just above surgery level bulging. I went to a neurosurgeon when I moved to Florida and he told/showed me where the fusion is a complete failure. There is only a splinter of the bone graft there and it’s vertebrae on vertebrae. I’ll never work again. He won’t operate because there is 50/50 chance I will be paralyzed.

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Answer:

In Florida the statutory limitation period can be no more than 4 years from the date of the negligent act unless you can show fraud, concealment or material misrepresentation.  Failure to improve following a surgical procedure does not equate with negligence, as is the failure to heal.  I will advise clients as a Florida Medical Malpractice Attorney that unless the surgeon knew or should have known that you were not healing and failed to take action which caused serious damages, it is unlikely that we could be successful in helping you to pursue a claim.  You should contact a Florida disability attorney.

If you have questions about a surgery that was not performed correctly, contact our experienced Florida Medical Malpractice Attorney.

This legal question was provided by a Avvo and answered by Betsey Herd an experienced Florida Medical Malpractice Attorney.  This does not consent an attorney client relationship.