Can I legally go after my doctor?

Asked about 3 years ago - Pittsburgh, PA

I was hurt at work and had to have spinal surgery. I had 2 discs replaced. Two weeks after surgery I started hurting and had the feeling something was wrong. I had what felt like cords running down my neck and a bulge started running down my neck. I called the doctors office several times about it finally they sent me to an xray. They never even looked at me. They called me and said the discs were fine and that I still had a few weeks of healing before they wanted to see me. Since then they sent me for a mylogram. when I asked them if they could tell what was wrong they stated they did it to cover their end. The bulge is huge now 7 months later and shows up in pics and it hurts like hell it is now all through my right side. I can not function and do they things I used to do.

Attorney answers (4)

  1. Steven Fisher Fairlie

    Pro

    Contributor Level 13
    Best Answer
    chosen by asker

    Answered . Can you please clarify your question?

  2. Christian K. Lassen II

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . You would need to have a medical malpractice lawyer order the medical records and have a physician expert review. Search Avvo for a medical malpractice lawyer in your city to discuss.

    Click on name or picture to see profile page.
  3. Jerry I. Meyers

    Pro

    Contributor Level 7

    Answered . You should also consult a workers compensation lawyer even if you are now being paid benefits. Whether you have a malpractice claim depends upon whether you have suffered a serious injury as a result of delay in diagnosis and treatment. Has anyone recommended treatment? You need to focus on your health. Get a second opinion. You may require surgery.

    I am not a workers compensation lawyer.
  4. Joseph Jonathan Brophy

    Contributor Level 20

    Answered . Medical malpractice cases arising from spinal surgery are particularly difficult to win for many reasons. One of them is that a certain percentage of back surgeries fail, even when performed flawlessly. That said, your outcome does not sound like a garden variety failed back surgery. Something more seems to be wrong and you need a second medical opinion. Don't ask the second opinion doctor if there was malpractice, that is liable to scare him away. Just get a diagnosis and a medical plan. Then see a medical malpractice lawyer. There are several good ones in your area and they offer free consultation. Don't bother trying to get our own records before you see a lawyer. If the lawyer is interested in the case, he or she will do that.

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