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Can i sue for a surgery that went wrong

Kansas City, MO |

cervical discetomy with fusion i was told that i had an allergic reation that caused me to swell the surgery was suppose to be 4 hrs it was 8 hrs i was in ICU on a ventalater then later had a trach now i am disabled.

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Attorney answers 5


There is not enough info given to say definitevely. You should contact a medical malpractice attorney and set up a consult. Ideally, you should get all relevant medical records asap.

The contents of this post do not establish an attorney-client relationship. Any comments made in this post are general in nature and may not apply to the specific facts and law of your case.


You have not provided enough information. Regardless of how much information you could provide here no on on this site could give you a definitive answer anyway.
First you must realize that a bad outcome does not necessarily mean you were the victim of negligence. A bad outcome certainly is a basis for investigating what happened. In order to show you were the victim of negligence you must show that the care you received fell below the applicable standard of care and was the cause of your injury. The standard of care means basically that the doctor/hospital did something (or failed to do something) that a doctor would not have done under the same or similar circumstance. There is only one way to determine this. You need to retain a lawyer interested in handling the case who would gather your medical records and have them reviewed by a medical expert. In order for you to have a viable claim that expert would need to offer an opinion "within a reasonable degree of medical certainty" that the care and treatment you received fell below the applicable standard of care and was at least a substantial contributing factor to your current condition. Unless and until a medical expert offers that opinion you have no case to pursue.
You have a disability and the expert will need to offer an opinion that the disability was due to errors made in your care and is not simply the result of your original condition that made the surgery necessary---it would also be sufficient if the expert says that at least part of your current condition was caused by medical error.
So if you intend to pursue this claim you need to meet and retain a lawyer who regularly handles medical negligence cases.
I hope you recover from your disability.

If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you provide, I cannot guarantee the accuracy of the answer. You should seek the advise of an attorney who can explore all aspects of your question. This communication does not form an attorney client relationship.


You can certainly have a local malpractice lawyer order your records to investigate


Perhaps. It sounds like you have a substantial injury, and the only way you will know for sure is to have an experienced malpractice attorney order your records and have them reviewed by an expert. There are some outstanding attorneys in the KCMO area. You should retain someone to look into it for you. There is a 2 yr statute of limitations, so, do not delay. If you need names or referrals, I can give you several names.


Allergic to what?

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