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.
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.
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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.
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