Visitor Question

Failed diagnosis causes prolonged pain…

Submitted By: Kelly (Missouri)

On March 1, 2012 I had cervical spine surgery done. I had 5 vertebrae fused and 2 steel plates placed within my neck. For the next 10 months when I went to my follow up appointments I brought to the doctor’s attention all the severe pain in my back and chest I was having. He kept assuring me it all looked good.

The only test he did was an x-ray of my neck of the steel plate to make sure it was still in place. After 10 months of follow up visits and me complaining of all the severe pain he told me to just deal with it. I stopped going back to him after that.

To make a long story short, I saw other doctors for all my pain and was finally sent to see another surgeon. He claims I have not healed since my surgery, and it’s been a year and half now. He said that my fusion was not healing right and that’s what is causing all my pain.

Then I found out BMP was used during my surgery and it is NOT FDA approved and neurosurgeons had been warned about using this product due to it causing life threatening conditions. I was not told or warned about that and I have been suffering all the side effects of the BMP being used.

But what I want to know is, Is my doctor in the wrong for not doing any other test to see how my healing was coming along, instead of just checking the steel plate, causing me to be in such sever pain for a year and half now? I feel there was negligence on the part of the physician, delay in diagnosis/failure to diagnose, and failure of lack of informed consent. What can I do?

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.


Dear Kelly,

You may have the basis of a medical malpractice claim AND a products liability claim. You are well within the statute of limitations period.

Medical malpractice and product liability (defective product) claims should always be handled by experienced attorneys. You will need two different attorneys: a malpractice attorney and a products liability attorney. These are two entirely different fields.

Gather all your medical records, medical bills, out of pocket expenses for medications, costs of transportation to and from treatment, proof of lost wages, and any other expenses related to your injury and treatment.

Research a good number of medical malpractice and product liability attorneys. Fortunately, most attorneys do not charge a fee for an initial office consultation. Once you retain the attorneys you will not have to pay any legal fees until, and unless, they settle your claim or win it at trial. Then they will receive a percentage of the settlement amount or court verdict. If either attorney isn’t successful, you will owe that attorney nothing.

Learn more here: Claims & Lawsuits for Wrong Diagnosis

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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