Can I sue my surgeon for my fusion not healing and a screw breaking?
by John (Portland, Maine, USA)
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.
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.
ANSWER for "Can I sue my surgeon for my fusion not healing and a screw breaking?":
John (Portland, Maine, USA):
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.
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.
The accuracy of information provided on this site is not guaranteed. It is generic information for informal purposes only. It is NOT formal legal advice. Your use of this site does NOT create an attorney-client relationship. Before relying on any information found in this site you should consult with a licensed attorney in your state. If you are currently represented by an attorney, you should strictly abide by his/her counsel.