I had neck surgery and 3 months post op my plate broke while simply carrying groceries into the house (I had been cleared to lift 25lbs per my doctor). The doctor said it's never happened with a patient this far out of healing. Now I have to have surgery all over again.
Is this the doctor's fault or the faulty plate. Is there any legal action I should take or investigation into the faulty plate?
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ANSWER for "Cervical Fracture Repair with Faulty Plate...":
You can certainly consider legal action against the doctor and the manufacturers of the plate. You seem to have grounds. An additional surgery is a major undertaking. It will require substantial time, effort, and money.
Medical malpractice lawsuits are extremely “hot button” issues. Doctors are loathe to admit fault, especially when their medical skills and patient decisions are challenged in a lawsuit. Doctors' insurance companies provide top-notch Attorneys to represent them. So do manufacturers of medical equipment.
On the other hand, you can hire some of the best attorneys in your area. A good Personal Injury Attorney will not hesitate to take on the doctors and the manufacturers of the medical equipment. Your Attorney will shoulder the expenses of the suit. Those expenses can be substantial.
Talk with several top-notch Attorneys. They will not charge you for initial office consultations. Because of the substance of your case, you should receive their undivided attention.
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.