I had an L4 -L5 fusion in October 2011 and it never healed properly. A CAT scan showed a broken titanium screw. I have been in tremendous pain ever since then and I’m limited in the movements I can do. What can I do about this? Can I sue my surgeon for my fusion not healing and a screw breaking? What about the screw manufacturer for making a defective product? Thanks.
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Answer
Dear John,
You probably don’t have a legitimate medical malpractice against the surgeon. Unless you have some evidence the surgeon committed medical malpractice, you’ll have to focus on the manufacturer.
Surgeons can’t be held liable for occurrences outside their control. Problems during surgery sometimes occur. If surgeons were to be held liable every time something goes wrong, medical malpractice lawsuits would back up the court system for years to come. The surgeon apparently performed the surgery properly. It seems she has no fault for the titanium screw breaking.
It does appear however, that you have the basis of a product liability claim against the screw manufacturer for producing a defective product. This is a claim you shouldn’t handle yourself. Medical product liability claims are very complex and expensive to try in court. You need a qualified and experienced personal injury attorney.
Learn more here: Medical Device Product Liability
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Find a local attorney to give you a free case review here, or call 888-972-0892.
We wish you the best with your claim,
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I broke my neck in a auto accident. Had surgery. My c5 was fused with hardware and screw broke in 2018. I was told surgery was not required at time. July 5, 2022 while at work I picked up a kitchen cabinet and moved and all the pain in the world hit me in my neck. As of today the pain is still there. I’ve had CT scan and was told too much inflammation to see. I now need a MRI to know the exact problems. I have no insurance. What is my options?