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I had a surgery, got screws and plate in neck, but screws has come out and broken, had surgery in 2010.

Miami, FL |

am i able to bring forth a case ? my neck hurts again and all the hardware is staring to come apart, and break.. its been almost 3 yrs since surgery.

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Attorney answers 5


There is not enough information here for an attorney to determine whether you have a claim. You should contact an experienced medical malpractice attorney in your area who can ask the right questions to get the additional information he/she needs to properly evaluate the potential claim.

The information you obtain at this site is not, nor is it intended to be, legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action.


You may be able to bring a case. The statutes of limitations/repose in medical malpractice are extremely short so you should consult with an attorney immediately Feel free to contact our offices or any of the other qualified AVVO attorneys who practice medical malpractice in Florida. Good luck.

This response is intended as only general legal information and not specific legal advice for your case. You should consult with an attorney for legal advice. You may contact our statewide offices for a consultation, toll free at 1-866-318-4878. Main office Gainesville.


You would want to retain a local malpractice lawyer immediately so you don't have a statute of limitations problem.


I'm sorry you are going through this. You should know that Florida has both a Statute of Limitations and a Statute of Repose contained within Florida Statutes Sec. 95.11(4)(b) as it relates to adults. You basically have 2 years from when the malpractice was discovered, but in no event more than 4 years from when the procedure occurred. So, if you are interested in pursuing the matter, you should contact an experienced medical malpracice attorney as soon as is conveniently possible. Best wishes.


Before an attorney can properly answer this question, the attorney would need to know why the hardware is failing. Is it failing because it has worn out? Is it failing because it was placed improperly? Is it failing because of traumatic forces applied to it since the surgery? Perhaps it is failing because the hardware is faulty, in which case you may have to consider a suit against the manufacturer of the hardware. It is often your body that rejects the hardware or pushes out the hardware. If this is the case, then it is likely no one is at fault and a lawsuit was fail. If the hardware can be replaced uneventfully, then I cannot recommend pursuing a case.

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