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  • Did you check out this Dr. in advance, did he have a good reputation, was he recommended to you? How did you find him and agree to have this Doc do the surgery on you? Did he have any other lawsuits or anything like that? you can find out everything about a Dr. you choose by doing some research on them. How many fusion surgeries had he done before?

    I ask my Doc how many neck surgeries he had done and he said I think about 3000. I ask him how many micro-d's he had done before me and he said about 500.

    I am so sorry you had to go thru so much pain and he screw up so bad. Get a good Lawyer and file a lawsuit. If you do get a settlement I know it can't replace all you have lost no way but it could help with future financial losses.

    Good luck to you..I hope the new Doc can help you.
  • I am so sorry this happened to you! I am a lawyer and although I can't give you legal advice here, I will tell you to please talk to a lawyer about your case ASAP. Find the biggest firm in your area that practices in only medical malpractice. They will advise you on what you need and will take care of arranging witnesses and finding the expert witnesses for you. They will also tell you the steps to take to report the doctor and to whom the complaints should be made.

    Most importantly, keep in mind there are statutes of limitations that apply in your case, so try to talk to a lawyer as soon as you can. Meanwhile, take good care of you, and try to be at peace in your mind. Anger will eat you up inside! Focus on recovery and getting your life back, and your lawyer will hopefully handle the rest. Please keep us up to date on your progress (but keep the legal fine details off this public board if you can -- you never know who is reading it. You might edit your posts to remove anything about hospital reports, specific facts, etc., just to be on the extra-safe side).

    You are in my prayers!

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  • Have you talked to an attorney? Depending on your state, there exists the "Discovery Rule" which makes the statute of limitations start the day you actually "discover" the neligence. (Look up "Discovery Rule" and "medical malpractice" in Google for more info.) If you just found out yesterday, that would mean you have a year from yesterday to file your case. It all depends on where you live. Please contact an attorney near you as soon as you can. Only he or she will be able to tell you if the statute was tolled and discuss all your options with you. I wish you all the best.

  • Wow...what a nightmare. I agree that mistakes can happen but isn't that why they put safeguards in place? To prevent them from happening. I'm not sure with lumbar surgery, but with cervical they put a needle into the disc once they get you opened up..then take an x-ray to make sure they have the right disc. That's how my surgeon explained it. Also, when I was in pre-op...the surgeon, his PA, and the anesthesiologist all confirmed which discs were being done just to let me know they were on top of things I guess. I felt very confident going into the ER that things were going to be ok. If I were you I would definitely consult with a lawyer. I think the timeline on the statue of limitations begins when you have knowledge of the error. I hope things go well for you.
  • I can only comment generally (don't take this as legal advice); a lawyer licensed in your state will be the one to officially tell you, but I think you are in good shape. The Statute of Limitations in California is 3 years from the injury or 1 year from when you discover the injury. So either way, you would still have time to file your case (since the actual injury happened within the last three years, and the fact you just discovered the injury a few days ago). Be sure to check with a lawyer -- find a big firm that does only medical malpractice (the consultation should be free, and they should take your case on a contingency basis) -- and they should help you with all this.

    I wish you all the best!

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  • yea I did a lot of research on him, he's been practicing in my area for a long time. When researching him, I found nothing but praise.

  • Thanks everybody!
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