Bone spurs left in neck...

by Diane
(Sumter, South Carolina, USA)

I had an ACDF cervical fusion done over 3yrs ago. The pain is now worse than ever and it's affected my legs. I had a CT scan done a year ago and it came back abnormal. I just found out that the doctor didn't take the spurs out and they're compressing my spinal cord.

A few months ago I went to another doctor and he wouldn't take an MRI of my neck. He took one of my back. He also took an x-ray of my neck and said the fusion took. He gave me a prescription for physical therapy, then dismissed me. Then 2 specialists looked at my CT scan and found the problem. They told me I would need to have another surgery to remove hardware and spurs.

Can I sue this doctor for misdiagnosis? I know I can't sue the surgeon, but my limits have run out. What can I do? Thanks for any options you can suggest.

Visitor Question:
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ANSWER for "Bone spurs left in neck...":

Diane (Sumter, South Carolina, USA):

When you refer to “...limits have run out.” we assume you are speaking of the statute of limitations. In South Carolina the statute of limitations for medical malpractice claims is three (3) years. If you are sure the underlying act(s) in constituting medical malpractice occurred over three (3) years ago, then you are correct in believing your time has expired to file a claim.

There is an exception to the three (3) year statute of limitations. If you were only able to reasonably discover the basis of medical malpractice after the expiration of the limitations period, the period may have been “tolled.” Tolled means your time to file a malpractice claim extends past the three (3) year period.

Before you give up, seek the advice and counsel of several experienced medical malpractice attorneys on your area. Bring along copies of your medical records, especially those which your belief support your allegations. The attorneys will be able to discern if there are legally sufficient circumstances to toll the statute of limitations.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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