Can I sue my doctor for malpractice if he has to fix a previous surgery?
I had a surgery on my throat to remove a disk that was pressing on my nerve. Now the doctor says the screw is backing out and if it ruptures my esophagus, it could kill me. He says he needs to reopen the wound and repair the problem. Can I sue him for malpractice?
Answered By: Law Offices of Steven A. Fink
First, don't sue him before he does the surgery. Second, this may be a known complication of the first surgery that was disclosed to you and is not malpractice. Check your informed consent. Finally, you need the opinion of another surgeon that the second surgery is necessary because of malpractice.
Answer Applies to: California
Replied: 9/16/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 9/16/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Mark J. Leonardo
Doubtful unless some other physician is willing to say that he put the screw in incorrectly and that doing so was below the standard of care. It sounds, however, like it would be an expected possible complication, in which case you would have a real uphill battle trying to show it was caused by your doctors poor performance.
Answer Applies to: California
Replied: 9/15/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 9/15/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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