I personally was in a car accident that resulted in syrinx forming before the fusion. The fusion was done to decrease the spread, etc. that being said, I'm not a doctor or expert. You contact a med mal lawyer. Be prepared to bring all your records. Christian Lassen is right though....it can't be considered med mal of neglect immediately unless an expert confirms such....
Rarely is there a case where it is clear malpractice. That said, this situation sounds very difficult because fusions do not always take. Please contact a lawyer in your area to have a physician review your medical records to determine if you have a case.
One risk of a fusion is that they do not "take". You need to consult with a medical malpractice attorney to see if you have a claim. Medical malpractice claims are difficult and expensive.
There exists a risk in any spinal fusion surgery and not all of them are successful. That being said, consult a medical malpractice attorney to review your medical records to make sure everything was performed properly.
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The only way to answer your question is to have a qualified surgeon or neurosurgeon look at your medical records. In Michigan a qualified medical professional must sign an affidavit that your case has merit before you can file a suit.