You need to consult with an experienced malpractice attorney soon. You can find one on Avvo.com. The screws that were used could be defective. Did your wife have osteoporosis of her spine prior to the surgery? The medical records need to be reviewed ASAP by an attorney, including X-rays/ MRI /ct scans. Was the surgeon experienced? Was the surgery performed at a teaching hospital?
The question is not when is it appropriate to file a medical malpractice suit, it is: is there a viable medical malpractice claim to be filed? The only way this question can be answered is to consult with one or more experienced medical malpractice attorney. If one is willing to take the case, they will determine when a lawsuit should be commenced.
This is hard to answer, but you should consider this. In order to pursue a malpractice case you need a doctor to review all of the medical records and be willing to opine that your doctor deviated from the standard of care and that deviation caused an injury. That becomes expensive. So, no attorney will take on the case unless the injury value is significant, because for the expenses and also these cases are labor intensive. If you think you have a case discuss it with an attorney to review your options.
You can have a local malpractice lawyer order your records to investigate. Avvo has a terrific "find a lawyer" tool to locate a top-rated Avvo attorney with a low contingency fee. Good luck.
Just the fact that these things happened does not mean necessarily that the surgeon deviated the standard of care, although he may have. There could also be a product failure and this type of surgery is very complicated. You need to talk to a local lawyer who can obtain the records and speak with medical experts. I sure hope that your wife recovers and is doing better.
The sooner you consult with an experienced medical malpractice attorney the better. A complete investigation will need to be conducted by the attorney, including review by competent experts.
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