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Should i consult a malpractice attorney

Pompano Beach, FL |

I went in to the hospital 3 weeks ago for a lumbar fusion.I woke up from surgery with tremendous pain in my right thigh...I was released 2 days later and my right leg blew up to twice the size...i was told to go back to the ER where i was diagnosed with rhabdomylosis due to a crush in jury on my right thigh suffered during surgery...due to bad positioning.I was in the hospit=al for 2 more days to clear my kidneys in order to avoid kidney failure.I am over 3 weeks post op and i still have ROM and pain issues in my right thigh...not sure if it will all come back to normal

In the ER i was given a CPK blood test which came out at 16000---thru the roof was what the ER doc said....massive muscle trauma.I told my surgeons that my thigh hurt more than the surgery location itself..and they said it was not an issue and will go away..i feel i should not have been discharged the 1 st time without a CPK test...problem could have been addressesd without potential kidney damage.No one wanted to address the thigh pain.I was justified when the ER explained the issue

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Attorney answers 6


You should. The issue is not if you have been damaged, but is the damage sufficient enough to warrant a lawsuit. An experienced med mal attorney should be able to help you.

The response given 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 anything other than the educated opinion of the author. It should not 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 might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.


I do suggest you seek legal advice. Your medical records need to be obtained, whether by you or an attorney so that they can see what happened during surgery to have caused crush injury. A crush injury is a significant injury and likely could not be caused inadvertently. Feel free to contact my office to set up an appointment to discuss your case in more detail.


You should obtain the records and see an attorney. See my website under medical malpractice to get some insight on what the procedure is. See


You should consult an experienced medical malpractice attorney. Generally, the operating room staff should make sure that you are properly positioned to avoid any nerve type injuries to your extremeties. Although the facts of your case will ultimately determine whether there was a deviation in the standard of care, this is a matter worth having an experienced attorney review. Most medical malpractice lawyers provide free case reviews.


Based on the information you have provided, it would be best to consult a competent board certified attorney to investigate this incident and pursue it if possible. Please keep in mind that the anesthesiologist is one of the personnel who is charged with the duty to assure proper patient positioning during surgery. You will have a time deadline to file suit in FL so please contact a local attorney as soon as possible to protect your rights in this matter. Good luck to you and your family.


Angelo "Tony" Marino, who responded to your post is an excellent attorney

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