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Can I sue for negligence or malpractice on a bad spinal tap and a wrong diagnosis by my neurologist?

New York, NY |

I have Migraines and after the spinal tap he diagnosed me with benign intracanial hypertension. The spinal tap cause damage to my spine making me lose my job and it did not actually treat my symptoms. I got worse. I eventually went to a different doctor that put me on a migraine medicine and have been fine since. 7 months later I am still suffering spine pain and have no job and am still very restricted.

Attorney Answers 5


  1. Best answer

    The problem with this forum is that it leads to simplistic answers from attorneys that do not really know - present company included. A medical malpractice case is huge - leads to large recoveries and is costly and time consuming to prosecute. One of the attorneys here gave a great tidbit "did he deviate from the standard of care."

    Now, anyone that went to law school - even me - knows what that means. But, the general public doesn't. Rather than give you a dissertation let me simply tell you the process a medical malpractice attorney goes through in evaluating your claim.

    The first thing he does is get your medical records together. Then, he sends them to a consultant who is a medical doctor to review them and give a medical opinion on whether your doctor "deviated from the standard of care." Without that report, a lawyer cannot even start a medical malpractice law suit. However, even if he gets that report, the lawyer must still consult you on the likely recovery. This will turn on your "damages," i.e., how hurt you are. In your case, much of your damages rests on the fact that you lost your job. Fine, but then you have to have evidence of that. Then you must make a choice - do you want to commence a lawsuit and go through the time and effort for what is the likely upside.

    I feel that you have a case worth looking into, and although I do not personally prosecute medical malpractice, my office is affiliated with an excellent Manhattan medical malpractice attorney. He works strictly on contingency fee so he does not get paid unless he recovers for you.


  2. With all medical procedures there are associated risks. Your physician should have informed you of such risks before conducting a procedure. In order to hold the doctor liable for malpractice the spinal tap would have been something no other doctor would of done in that situation. Legally that is a very hard burden to overcome. You need to consult with an attorney as soon as possible.

    -Michael R. Juarez Law Office of Juarez and Schaeffer PO Box 16216 San Diego, CA 92105 (619) 804-4327 www.jslaw.org Mike@jslaw.org This posting is provided for “information purposes” only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different jurisdictions.


  3. Consult with a local med mal lawyer asap. It is impossible to tell from your post alone whether there was malpractice or not. The case must be investigated and reviewed by expert


  4. You can always sue. The question is whether or not you have a viable claim. You should consult with an attorney that handles malpractice cases as soon as possible.

    Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation. Any response given here is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response may change appropriately.


  5. Consult a mal-practice attorney as soon as possible

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