Do I have a case against the initial neurosurgeon. Do I have the new surgeon try to undo the mess that was created? I am 71.

Asked over 1 year ago - Las Vegas, NV

I underwent routine cervical surgery by a successful neurosurgeon in Las Vegas during the late summer of 2011. For whatever reason, he entered through the front of my neck. Since the surgery, not only did I lose my ability to speak AND BE UNDERSTOOD, but BOTH hands have severely atrophied from the surgery. The pain -- from the top of my head, down my neck, both arms to all my fingers is unbearable. I am now on morphine drips. I have violent pounding headaches and severe neuralgia of the head, arms and fingers from the botched surgery. The new surgeon told me that the first doctor "over-operated" and that he created "one big stinking mess" ... and that the next surgery is extremely difficult because it is a redo of the first -- and so many things can go wrong. And have.

Attorney answers (6)

  1. Richard S. Johnson

    Pro

    Contributor Level 15

    4

    Lawyers agree

    Answered . You may very well have a case that you might not be able to do anything about given the passage of time. In Nevada, the statute of limitations on medical malpractice is 1 year from when you knew or should have known of facts to put you on notice of a possible claim. Given that your surgery was in late summer 2011, the defense will argue that the statute of limitations expired late summer or fall of 2012. There may be good arguments in your favor, depending on what you knew and when you obtained that information. You should address your situation with a medical malpractice attorney in Las Vegas who can give you a better evaluation after more information is provided.

    If you would like a free consultation, call me at 702-823-3333. www.naimidilbeck.com
  2. George Costas Andriotis

    Contributor Level 20

    4

    Lawyers agree

    Answered . Entering fro the front of your neck is a common procedure and depending on the location of your disk injury it is the preferred method but the residual symptoms are not common. Have a medical malpractice attorney review your medical records to see if the first surgeon breached the standard of care. If he did than you have a v slid claim.

    Whether or not you should undergo a reparative surgery is completely up to you.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.
  3. Joseph Jonathan Brophy

    Contributor Level 20

    4

    Lawyers agree

    Answered . I am actually working on a very similar case right now. Injuries such as you describe do occur and it's not easy to prove whether they are the fault of the surgeon. You need to consult with the very best medical malpractice lawyer you can find in the Nevada. Don't waste a day doing so, because statutes of limitations for medical malrpactice cases tend to be short.

    Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to... more
  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . I'm not sure why you waited so long, as you seem to have a statute of limitations issue. Contact the lawyer in your state who answered above to discuss.

  5. Benjamin P. Cloward

    Contributor Level 10

    Answered . NRS 41A.097 provides that depending on when the injury occurred, you may have either 1 or 3 years to prosecute your case. Given that this happened in 2011, you "might" still have the ability to file suit for medical malpractice. There are many arguments to make as to when the statute of limitations "actually" runs.

    However, you cannot wait any longer than you have already done, otherwise you will certainly be precluded from presenting your case.

    Please contact my office if you have any other questions. Whether you contact my office or not, please do consult with someone right away.

    Further, regarding any future surgeries, I would seek out at least 3 surgical opinions. I would consult with at least one or more neurosurgeons and at least one or more orthopedic spine surgeons. I would make sure that whoever does the surgery is Spine Fellowship Trained. You want to ask the surgeon that specific question. Spine Fellowship Training is specialized training in just spine surgeries that not many doctors have.

  6. Jason Todd Studinski

    Contributor Level 20

    2

    Lawyers agree

    Answered . I am so sorry to hear about your difficulties. You may well have a case. You should retain a local medical malpractice lawyer with special training and experience dealing with surgical malpractice. This lawyer will get your medical records and have them reviewed by a qualified expert who can give you an opinion as to whether the first surgeon's actions fell below the standard of care (negligence). I hope this helps. Good luck.

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