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Top neurosurgeons in CT. said the my surgeon used wrong screws, wrong placement which cracked my vertebra. Do I have a case?

Yonkers, NY |

I had cervical fusion and told the doctor under no circumstances to touch the more than two levels. I had four surgeons check all film and reports prior to my operation, all agreed. Against my wishes and all of the advice of other doctors he fused an extra level. My pain is now agony and in places I never had pain and at levels higher than before. The hospital lawyer refuses to give me anything I signed allowing this extended surgery to happen. In fact I sent the Doctor three letters, one certified, one faxed and one by email telling him not to touch that level. Can he operate on anything he wants when you are unconscious? He also put two screws in wrong and cracked my C7 vertebrae. The C6 screw is too low and fusion cannot occur. He forgot to put one other screw on that holds the plate.

I contacted the Hospital and the President said if I come to see him he will have security toss me out. This was 2 months after spinal surgery. The Doctor who did the operation said he no longer wants to work with me and to find another Doctor. I asked the in house Attorney to show me a release form for this procedure and he refuses. A radiologist from the hospital said they are covering up all of the mistakes he made and they think he did not perform the entire operation, because the mistake do not match his 20 plus years of work. He refuses to state he did the entire surgery. Please this is a New York case, only answer if you are interested and in NY or want to give me helpful information. I have been told I might need a third surgery because of this butcher.

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Attorney answers 6

Best Answer

Your medical records must be reviewed by an attorney that handles medical malpractice cases, and by a New York Orthopoedist. It is possible that the informed consent that you signed for the one surgery authorized the surgeon to go higher if necessary. Even if so, that wouldn't negate the use of the wrong screws or the improper placement of screws.

If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email -


You have an absolute right under the Public Health Law to a copy of your medical records. Consuilt with a medical malpractice attorney.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.


A local med mal lawyer can order your medical records and send them to an expert to review to ascertain whether there was a breach of the standard of care.

Only 29% Contingency Fee! Phone: 215-510-6755


You need a medical practice attorney to investigate you medical care and advise you.


Ask those you trust and respect, search New York state trial lawyers, New York academy of trial lawyers, Avvo is also a good reason. Interview a few, and look to retain the one you are most comfortable with and confident in. There is no one size fits all. Don't know when/where this happened so I am concerned about filing deadlines. All the best, jeff

Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff


You may have a good med mal case. Pls reply with date of surgeries, what hospital, what surgeon. Keep in mind that strict deadlines apply to med mal,cases, so you need to hire atty ASAP.

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