You can contact a medical malpractice attorney in your area to see if it has a case. The question that needs to be addressed is did the doctors treatment of your wife breach the standard of care? This might be a risk of the surgery that she signed off on the consent to perform the surgery. There are too many variables to give a conclusive answer so I suggest consulting with a medical malpractice attorney and getting answers. Good luck!
If another doctor thinks there was malpractice, by all means. 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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My colleagues are correct. Unfortunately, medical science is not perfect (although we'd like it to be). You'd need another medical professional to determine whether the pain your wife is suffering as a result of the surgery is a known complication or whether the doctor breached the applicable standard of care. Consult with a medical malpractice attorney in your area for guidance.
DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided for informational purposes only and the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship. For legal advice relating to your specific situation, I strongly urge you to consult with an attorney in your area. NO COMMUNICATIONS WITH ME ARE TO BE CONSTRUED AS ARISING FROM AN ATTORNEY-CLIENT RELATIONSHIP AND NO ATTORNEY-CLIENT RELATIONSHIP WILL BE ESTABLISHED WITH ME UNLESS I HAVE EXPRESSLY AGREED TO UNDERTAKE YOUR REPRESENTATION, WHICH INCLUDES THE EXECUTION OF A WRITTEN AGREEMENT OF RETAINER.
The fact that the injury did not improve through surgery is not malpractice in and of itself. A lawyer would need to prove that a negligent act of the surgeon resulted in her present condition. All surgeries do not guarantee improvement. You would be wise, however, to obtain your wife's medical records and have them reviewed by an experienced medical malpractice attorney.
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