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Can I sue for botched spinal surgery?

Fall City, WA |

I adopted my daughter from China with severe neurological birth defects (kyphosis and tethered spinal cord) 7 years ago. Shortly after she arrived in the US she had surgery at a children’s hospital in Seattle to correct the defects. Before the surgery she was ambulatory but after she could not walk. The nerves to her gluteus muscles (required for standing erect) among others had been damaged during the surgery. In the following years I had hoped she would regain use of the muscles but it’s just not happening. She will use a wheelchair the rest of her life. Do you think I have a case for damages?

Attorney Answers 3

  1. I'm sorry to hear about this, but don't give up hope. A local malpractice lawyer can order all her medical records and send them to an expert to review to ascertain whether there was a breach of the standard of care.

  2. You might have a case -- it depends whether the injuries to your daughter were caused by conduct that another qualified doctor will say was below the standard of care, that is, conduct that was negligent. You should talk to an attorney about it. Many shops, my office included, will provide a free consultation. I am terribly sorry for what you are going through -- if I can help I will and I wish you the very best of luck.

  3. There are obviously many facts that have to be determined before an attorney could render an opinion as to whether a viable claim might exist. Consult with a local medical malpractice attorney who may be able to provide you with answers.

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