Legal Question in Medical Malpractice in Missouri

I had a back surgery in 2003, where I had a lumbar laminectomy L5-S1 on the left with a microscope and placement of an epidural fat graft. Just recently having trouble, had MRI, and it show metallic artifact in surgical bed. What could that mean?

Asked on 2/15/11, 8:22 am

1 Answer from Attorneys

Michael Harvath Harvath Law Offices-INJURY case representation
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Hi. I am a Missouri personal injury attorney that handles medical malpractice claims. I am sorry to hear about the complications you are dealing with after the surgery.

Although the statute of limitations typically will bar a cause of action brought more than 2 years after the alleged act of negligence, the time period can be extended when the finding that reveals the alleged act of negligence (the discovery of the metallic artifact) occurs more than 2 years after the act of negligence. In other words, it was not possible for you to have known that there was a potential problem with the surgery until the metallic artifact was discovered.

If you are successful in establishing an act of negligence, you are entitled to compensation for pain and suffering, the cost of the prior surgery, damages for emotional distress, pain and suffering damages, and, most likely, the cost of any future procedures that must be performed to correct the problem.

In order to determine the likelihood of prevailing in a claim for medical negligence, an attorney would have to review the medical records, and, most likely, consult with medical experts to determine the precise act that could have resulted in a metallic artifact being discovered in the surgical bed. Many attorneys will handle these claims on a contingency fee basis, meaning that the attorney is paid if and only if you collect compensation on your claim.

For convenience, I can be reached via e-mail at mth2000@yahoo.com. Our firm website is: www.harvathmissouriillinoislawyers.com. Thank you.

NOTE: This answer is for educational purposes and does not constitute legal advice. The use of this site does not create an attorney-client relationship or privilege between the user and the attorney responding.

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2/16/11, 11:51 pm

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