01/2012 Spinal fusion revision
It failed; I was in the hospital for over 8 days with a really bad infection.
The surgeon continued seeing me for almost a year and never disclosed that the procedure failed and the fusion never fused. The office pawned me off to long term pain management. I looked for a new surgeon for over a year in a half with no success. I finally found one that is honest and getting revision surgery. I was told that not only do I need revision surgery but I need at least a double fusion now because of the damage done.
Looking for a malpractice attorney to look over my records and curious to see the average timeframe on this type of case.
It depends on the county that you are in and how many doctors/entities you are suing. You should be more concerned about getting a good result, than a quick resolution. Assuming that you have a viable claim, the full extent of your injuries may not manifest for a while. Consult with an experienced NY medical malpractice attorney and be patient.
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The statute of limitations is 2 1/2 years from the date of malpractice but it sounds like it will be extended by continuous treatment. However, it is best not to have to rely on that so try to commence your case (if there is one) within 2 1/2 years from the surgery date. How long cases take can depend, among other things, in which County you file the case. Even in a fast case, figure at least 2 to 3 years. Get your medical records and consult with a medical malpractice lawyer ASAP.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 18 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
I think your goal needs to be getting an experienced attorney as soon as you can, and having him or her get your case reviewed on a timely basis to be within the statute of limitations. All jurisdictions and cases are different, and whether it is 2 years or more, all that matters is a good result.
Yours is a complicated question and the answer is "it depends." Medical malpractice cases are generally fairly complicated and involved. Much depends on the number of parties that are being sued, number of expert witnesses that are needed (medical experts, causation experts, economic experts, vocational experts, life care planning expert, etc...). Additionally, the court where a case is filed will in all likelihood generate a scheduling order tailored to the type and complexity of a particular case. If you are currently receiving active treatment (including anticipated surgery) this could impact the length of time a case takes to get filed and/or resolved. All this being said - you still have to keep your eye on the statute of limitations applicable in your state. You should definitely contact an attorney to review and handle your case. Good luck.
Averages are not much help - there are so many variables, however, you should be worrying about the statute of limitations, as the others have warned. Get your medical records and set up an appointment with a med mal attorney quickly. Bring your current surgeon's records as well - especially anything that addresses the initial surgery. If you're in Rockland, you have a few firms to choose from. Use the search feature.
The information provided is intended to convey general information and is not intended to be, and should not be considered, legal advice, counseling or opinion. You should not act, or refrain from acting, based upon any of the content contained herein. A response to your inquiry itself does not create an attorney-client relationship, and no such relationship may be implied or construed. Responses are general opinion only, and are of course, free to be disregarded.
Medical malpractice cases are taken very seriously by the doctors, hospitals ,insurance carriers and all other possible defendants. This is not only because of possible large exposure but because of insurance, licensing and employment issues. The attorneys that defend this case are generally more skilled and aggressive in the defense of these cases. As such the cases can last 2/3 years depending on the county and how many defendants, carriers and law firms are involved. The most important thing at this juncture is to protect your statute. Which is 2 and 1/2 years from the date of the malpractice. There is also a continuos treatment concept which extends the statute. But I would not rely on this if you are within the 21/2 years. Locate a medical malpractice attorney pronto. Good luck with your case and conditio.
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