Medical Malpractice/back neck fusion


I had back surgery 7/2011 L4L5 fusion by the new MIS. I just had to have revision 11/2012. Due to increased pain and mri that showed failed fusion. Well second surgery I had done by well known back institution. When my surgery came out to talk to my family he told them that was the worse loose screws he'd ever seen. Said when he got n there that they fell out n his hands w some bone fragments. He di revise things. Well the other part of the story is I also had neck C6C7 fusion 11/2011. After doing CPR on a pt out n the parking lot of the hospital.  Good news pt lived. However I had to have fusion. Well now I am having severe neck pain w severe headache. Mylogram done and shows psedoarthosis  at same level. Now looking at neck surgery again. I am a nurse. Was assistant director of nursing  haven't worked n almost 2 years and have almost lost everything financially and went thru a divorce due to all this. Do ,  ihave a mamalpractice case. Same Dr w two failed fusions.

Margie: I am very sympathetic to all the pain and suffering you have had to deal with. However, your case is very very complicated medically and therefore, legally as well.  First off, seems that you would qualify for Worker's Comp permanent disability as a result of the event in the parking lot. Have you not applied? So, you should be talking with an atty who specializes in WComp.  I would say this: the severity of your situation is enough to see if you can get an appt. with a large lawfirm that handles med mal.  Problem is, the case would be very very costly and that is why a big firm is necessary. The firm would have to hire an ortho or neuro surgeon to review your entire history and the surgeries in detail to see if any true malpractice can be identified as the cause of your current situation.  Failed surgery is not evidence of malpractice. Here is the test I give my clients: Imagine 10 top quality surgeons looking at every detail of your case and the surgeries. If say 7 of them would say something like" my God, what was that surgeon thinking? That is not the way to handle that surgery.  He failed to ................. or, he should have never done ................ This surgeon performed a sub part below the standard of care surgery and no competent surgeon would have done it the way he did".  In other words, a real strong condemnation.  It is a very high hurdle. No one could guarantee you would be good as new, bad results occur often and not necessarily due to malpractice. Suggest you gather all the medical records and then start calling big firms. If you have the records already and they don't have to order them and pay for them, that will help you get in the door.  P>S. Find out and be mindful of the Statute of Limitations in your State for medical malpractice cases. Just google it. Good luck

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Glenn A. Dorfman


Thirty-four years experience in personal injury, medical malpractice and medical product liability law. Qualified to answer all questions regarding injuries and the law, except for worker`s compensation. Also wide experience in medical product defect cases ie current litigation regarding the Johnson&Johnson (DePuy)defective hip implant cases and Mirena IUD issues


Thirty-four years experience handling cases involving auto accidents, trips and fall, fires, dog bite,medical malpractice and defective medical product cases with particular emphasis in 2012 and beyond with the DePuy ASR (Johnson&Johnson) defective hip implant cases. Twenty-five years of experience with defective IUD issues as well

Jurisdoctor Degree 1976 and Member in good standing with CA State Bar Assoc. since 1976

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