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Does this seem like a likely case to talk to an attorney about?

Columbus, OH |

I asked a question if a surgeon is allowed to withhold MRI results , and I understand they are not but today I have found out I have a nerve injury . On October 10 , 2012 , I had a Bilateral Atlanto - Epistrophic Ligament Decompression w / Laminotomy . I was diagnosed with Occipital Neuralgia . I have chronic severe headaches . On September 21 , 2012 I had an MRI done requested by the neurosurgeon . He received the results on September 24th . I was not shown the results of the MRI prior to my surgery . I got the report in December after I went to chiropractors for help and they got my results and the surgical report and his transcription record . The MRI shows I have herniated cervical disc in the c4 - c5 ; c5 - c6 and c6 - c7 and no compressive disorders in the c1 - c2 areas . The C1 - C2 is where the surgeon operated on . His office told me the MRI was fine . He told me he was going to move a nerve and but did not tell me that he was going to remove a bone with a Laminotomy . In my follow - up in November , I told him I still had severe headaches and more pain in my left eye and neck and shoulder . He told me he no idea what my problem really is now that the surgery was done and that he did not know what else to do . I have learned that herniated cervical discs cause the same headaches I have been experiencing . On my last follow - up in January I asked why he didn’t show me my MRI and tell me about the herniated discs and he said they are insignificant to him . I was referred to a different Neurosurgeon and had my consultation with him today . He thinks I need to have an Anterior Cervical Discectomy and Fusion and he told me that the pain in my left eye is caused by a nerve injury coming from the back on my head . He said it is permanent and the only way to treat it is by pain management . There is no surgical option to fix it . I will have an EMG and NCV next week to confirm how recent this injury is . My question is does this seem like a likely case with this information regarding my nerve injury ?

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Attorney answers 4


Only way to tell is to order all of your medical records and have a medical malpractice attorney review them to see if the standard of care was breached by your surgeon. Surgery doesn't always fix the problem and not all herniation s are surgical. Only the ones causing cord compression and/or foraminal stenosis are typically surgical.

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Cases involving allegations of malpractice in spinal surgery are among the most difficult to win. How likely the case is to succeed depends on detailed information that you don't have. Investigation of such claims tends to be time consuming and expensive. If the case seems likely, lawyers generally advance the costs and work on contingency. As soon as you have more complete information about your condition, look for very experienced medical malpractice lawyers in your area and start making some phone calls. Don't delay. Medical malpractice actions generally have short statutes of limitations.

Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to Avvo questions are for general information purposes only, and should not be construed or relied upon as legal advice.

Joseph Jonathan Brophy

Joseph Jonathan Brophy


Don't try to get all the records yourself. Talk to some lawyers first.


Have a medical malpractice lawyer reversed your case. These are not easy cases, but you should have a lawyer look into it for you.

David B Pittman

David B Pittman


That should have said review your case.


I’m sorry to hear about this, but it looks like a tough one. The only way to know if there was malpractice is to retain a local med mal lawyer who can order the medical records and send them to an expert to review to ascertain whether there was a breach of the standard of care. I’m sorry, but my firm only handles birth injury cases, failure to diagnose cancer cases, and wrong site surgery cases.

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