Legal Question in Medical Malpractice in Massachusetts
Back surgery for severe Kyphosis with Osteoporosis
My mother has had multiple surgeries
throughout her life due to her severe
Kyphosis. Rods have been put in and
taken out many times. Most recently, in
2004, she had the rods put back in and
the doctor tried to straighten out her
back. The surgery was a failure due to
her severe Osteoporosis. When I asked
the doctor if there was a way to
determine if the surgery would have
ever worked due to her Osteoporosis he
ran out of his office and slammed the
door in my face. My mother spent 3
months in the hospital in traction and
now she is home on Morphine without
any assistance from this doctor, her
PCP, social worker, or home health aide.
She needs to be placed in assisted
living, at 50 years old, but does not
have any means to pay for it. Is there
any way to take legal action against this
physician?
2 Answers from Attorneys
Re: Back surgery for severe Kyphosis with Osteoporosis
Possibly. More informations is needed as medical malpractice cases are very fact specific. Even if the surgery was not appropriate, it must be shown that the surgery caused some additional damage to your mother. I would be happy to speak to you further about this potential case. You may call me at my office.
Re: Back surgery for severe Kyphosis with Osteoporosis
Your mother can file a medical malpractice claim, breach of warranty, and lack of informed consent claims against the Doctor.
Your case doesnt sound like one I would take on a contigency basis, but I would consider taking it on a hourly basis.
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