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
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 www.avvo.com for a malpractice attorney is a good approach to finding an attorney. However, if you feel more comfortable, you can contact me directly at firstname.lastname@example.org.
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.
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