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.
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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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