This is a medical malpractice case! I had a l5-s1 fusion surgery done and they surgeon used the wrong sized screws, I had to have an emergency surgery done to remove the screws. I then had to go to a new surgeon, and he had to do a complete revision l5-s1 fusion with lamenectomy and discectomy. The first surgery caused permanent l5-s1 never damage on both sides.
You simply cannot ask what a medical malpractice case is worth-it's MUCH more complicated than that.
First, you need an expert to review medical records and opine that the standard of care was not followed. This alleges malpractice and DOES NOT mean you win.
Second, these cases are TREMENDOUSLY costly to pursue--often $100,000 or more just in COSTS.
Third, there is NO WAY you can DIY. You absolutely need a lawyer. Period.
Talk to a medical malpractice attorney ASAP.
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Speak to a lawyer. You should gather your medical records and provide them to a lawyer. There's no way an evaluation can be made on your case until your records are reviewed by a medical expert.
This answer posted on Avvo is for informational and educational purposes only and does not constitute legal advice. No attorney-client relationship has been formed based on this answer. It is always advisable to seek the advice of an attorney in your area as soon as possible to determine your legal options and rights.
This isn't workers comp where there are numbers on body parts, a plethora of factors go into putting a number on a malpractice case.
If you have a lawyer representing you in your medical malpractice case, this question would best be posed to your own lawyer. If you don't have a lawyer, I strongly suggest that you retain counsel ASAP, especially in view of your very serious injury.
It's very difficult for anyone to tell you what their case is worth. We medical malpractice lawyers spend years reviewing records, taking depositions of doctors, physical therapists, etc. to help determine the value of a case. Then we put the case before the jury and ask the jury to decide. I can tell you that orthopedic cases like yours are very difficult to win. You will have to have testimony in your case, whether from a treating doctor or a retained expert, that the size of the screws used in your first surgery was the cause of the nerve damage. There will be many built in defenses in your case -- for example, the defense will argue (quite believably, unfortunately) that your initial injury which necessitated the surgery caused the nerve damage. The defense might also argue that nerve damage is a recognized risk of fusion surgery and can occur without negligence. I can tell you from nearly 20 years of personal experience as a medical malpractice lawyer who takes cases to trial, those are good defenses that juries like. Bottom line, your case is a very difficult one. (Also, as to the value issue, please keep in mind that any money you might be able to recover for medical bills will have to be paid back to the health insurance company that paid for your medical care. That's called a subrogation claim, or "lien." It will undoubtedly limit your recovery, IF there is one.) Sorry for this bad news. Best of luck to you.
You may have a strong case, but it would help to know more about what happened. Why did you need the first back surgery? How did you find out that the first surgeon used the wrong sized screws? Did the use of the wrong sized screws cause new nerve damage you did not have before the first operation? You should speak to a medical malpractice attorney who can investigate further. Good luck.
Unfortunately, there is no table or guide to determine the value of your case. Lawyers use their judgment and experience to determine value based on the specific facts of your case. Many factors come into play, and based on the information you provided, it is impossible to even give you a ballpark in terms of value. You should speak to an attorney immediately as there may be potential statute of limitations issues that will bar you from bringing a claim if you wait too long. Good luck.
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