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What happens when you find out that the surgery you were told you were having never happen?

Melrose, MA |

I had surgery for two spinal fusions, After the first fusion I was in more pain than before. 3 months later the surgeon tells me that the same fused disk had ruptured again. I asked how can a disk rupture once it's fused but got no real answer. I went back in and had it fused again. Now after two supposed fusions the disk is again starting to rupture. My new doctor sent me for and MRI and a CT Scan and found out that all they did was put in a small clip on one side of the disk and that no fusion is seen on an MRI or CT Scan. Now prior to the supposed fusion the same doctor performed a multilevel L23,L34. & L45 ant aria and post aria spinal fusion. I was told that the L5S1 fusion would be similar procedure as the above L23,34,45 but clearly it was not.

Attorney Answers 4


  1. It sounds like you should talk to a medical malpractice attorney ASAP.

    Do you want accurate, personalized, legal advice that you can rely on? You will have to hire an attorney, not ask on Avvo. I am not your attorney and am not creating an attorney-client relationship by this post. I am therefore giving only general advice. This advice may not apply to you or your situation; may not take account of all possibilities, and may not match the advice I would give to a client. DO NOT rely on this advice or any other advice on Avvo to make your legal decisions. If you want an answer to a legal question you should retain an attorney who is licensed in your state.


  2. It sounds like your claim may warrant a full review of medical records for an expert opinion on possible negligence by your doctor. When did these procedures occur? There is a statute of limitations within which time a lawsuit must be filed or your claim will be barred. Malpractice cases are very time intensive, so you should not put this off. I handle a lot of malpractice cases if you would like a free and thorough consultation. I suggest you call a malpractice attorney right away to discuss your potential claim and your options.
    Good luck!

    Nothing in this email is to be construed as legal advice, or as a solicitation to create an attorney/client relationship.


  3. I would recommend speaking with a malpractice lawyer after obtaining your medical records. What is contained in your records will hold the key to your suit. While I do not do medical Malpractice, what I do is medical record reviews for other attorneys (nurses tend to better understand and more easily navigate a medical record). Many times this will hold the answers to what happened and why.

    The medical malpractice or medical negligence system is, sadly, pitted agaisnt the patient and in favor of the Insurance company and Doctor. First you must make an offer of proof from the record or via an expert to the medical tribunal, then you must bring your case there and then if you are able to persuade the members (though if you lose you can post a bond to go to court), finally you can bring it in front of a Judge and Jury. Then you must prove your case.

    It is a long arduous process, I am not trying to discourage you, just to prepare you for what is to come.

    Best of luck!

    These are generic informational answers, not to be construed as legal advice or creating an Attorney client relationship. If you have a legal issue, you should always consult an Attorney in your jurisdiction. You wouldn't ask a surgeon to talk you through a heart transplant via email, don't expect to do the same with a legal matter.


  4. I agree with these other asteemed attorneys. You would need to talk to a doctor about how a disc could rupture. From personal experience, I have a 2 similar back surgeries. The same disc keeps extruding disc material. Fusion surgeries only help with stability they do not really help a disc from continuing to extrude. There are some doctors that attempt to mesh off the area where the disc extruded through but not too many that I have seen. You didnt mention your age but as we get older our spine deteriorates and disc material may begin to extrude from other areas/discs. No doctor will promise you that the surgery will fix you but if your looking at this kind of work it is important that you get as many opinions as possible to make you feel comfortable. Your mental aspect plays a big a role in your recovery. Good luck to you.

    I am an Arizona attorney. AVVO does not pay us for our responses. Simply because I responded to your question does not mean I am your attorney. In Arizona a non-lawyer is held to the same standards as an attorney so there are dangers to representing yourself. This is for informational purposes only and should not be considered as legal advice. If you require legal assistance an in depth discussion of your case is needed as there are many other issues to consider such as defenses, statute of limitations, etc.

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