Visitor Question

Cervical Fracture Repair with Faulty Plate…

Submitted By: Anonymous (USA)

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?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

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 a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: September 15, 2011

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