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Surgical error during lumbar fusion in 2010 now have confirmed L5 S1 nerve damage in both legs. Negligence or Malpractice??

Atlanta, GA |

I had all of the tests leading up to surgery. MRI, EMG and Myelogram. According to surgeon he knew what was wrong with my back but unsure what was causing the leg pain. My back pain was horrific and leg pain was a 5-6 on pain scale. 3/2010 had an anterior lumbar fusion on l5 s1. 4 weeks post op my back and leg pain came back horribly. Spoke to Neurosurgeon and he said, "there is nothing wrong with you, I fixed you." what an &@$!. Went for second opinion and after reviewing my post op xray he could plainly see that the vertebrae was out of alignment and pressing on the l5 s1 nerve root. This was confirmed by MRI. I had my second surgery on 9/2010 PLIF to move the vertebrae off of the nerves. I NOW SUFFER FROM CONFIRMED NERVE DAMAGE AND PAIN IN BOTH LEGS THAT IS INCAPACITATING!!!

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Attorney answers 3


A review of your medical records by a knowledgable attorney is really the only way to know whether you may have a medical malpractice claim. You can search the attorney profiles here on Avvo for an attorney in your area. Contact two or three to compare advice. Good luck!

IMPORTANT LEGAL NOTICE: Ms. Brown’s response to the question above is not legal advice and it does not create an attorney-client relationship. All of Ms. Brown’s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual. If you would like to obtain specific legal advice about this issue, please contact an attorney in your state. Ms. Brown is licensed to practice law in New York. If you would like to contact her directly for a legal consultation, you may do so by calling 718-878-6886 during regular business hours, or anytime by email at:


You would need to get a lawyer to order your medical records and have an expert review to ascertain whether there was malpractice. Search Avvo for a med mal lawyer in your state, and call for a free consultation to discuss.

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John K Lassen

John K Lassen


Your website is terrific. Philadelphia Personal Injury Lawyer


I would respectfully recommend that you review the Legal Guide I have published on which deals with medical malpractice and what it is. If, after reviewing the Guide, you believe you are a victim of medical negligence, you should contact an attorney as soon as possible.

Attorneys here on can not tell you whether you have a claim or not. You will need a medical expert to confirm that your Dr. deviated from the accepted standard of care. Do not delay in seeking counsel.

Legal Disclaimer:

If this information has been helpful, please indicate below.

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

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