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Can a surgeon be sued for malpractice?

I had a cervical anterior discectomy fusion in August 2009. I still have tingliness and weakness in hands so I got a current mri and went to another surgeon out of town and he stated the first surgeon probably rushed as the report shows I have all three herniated discs so he didn't take all of the discs, out the first time, like he should have. My outcome is probably another neck surgery. Another item is the first doctor sees patients twice a week only and he sees them until midnight and then he has surgeries scheduled the next day at 7 am. Is that safe?

Corpus Christi, TX -

Attorney Answers (3)

Kay L. Van Wey

Kay L. Van Wey

Medical Malpractice Attorney - Dallas, TX

First, I am sorry that you did not have a favorable outcome from your surgery. Unfortunately, most surgeons do not offer a 100% guarantee of a cure. I am not a doctor and therefore I cannot state whether it would have been adviseable for your original surgeon to remove all three discs, as that radical of an approach can be fraught with it's own complications. As for the doctor's schedule, I cannot state whether it is "safe". He very well may have been fatigued when he was doing your surgery, but it would be hard to prove that his physical state resulted in a judgment error regarding the decision to operate on one disc rather than three. I am sure this is not the answer that you are looking for. After 27 years in the business and handling medical negligence cases after tort reform in Texas, I tend to take a very conservative view of these matters. Good Luck to you.

Mark S Guralnick

Mark S Guralnick

Personal Injury Lawyer - Marlton, NJ

Yes, a surgeon can be sued for malpractice. The situation you describe sounds troubling. You should hire a lawyer. You will need to retain an expert witness as well (presumably another orthopedic surgeon)---a lawyer can help you with this. Call if you need help. 1-866-337-2900. --Mark S. Guralnick

Richard S. Jaffe

Richard S. Jaffe

Medical Malpractice Attorney - New Hyde Park, NY

You may very well have a case sounding in malpractice. You should consult with an attorney in your area who has previously handled these types of cases. The attorney will look at the medical records and go over them with an expert in the field of orthopedic or neurological surgery to determine whether there were any departures from what is normally accepted practice in your area for this type of procedure.

Using the search functions on this website at for a malpractice attorney is a good approach to finding an attorney. However, if you feel more comfortable, you can contact me directly at

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