Legal Question in Medical Malpractice in Florida

had anterior cervical discectomy fusion on C-5,6,&7. Failed surgery, Dr is hiding behind his PA. Can I sue?

Addition new symptoms of pain down left shoulder and arm to hand. Original pain is still there on right side. Doctor shuffled me off to a pain management dr. The reason for the surgery was to have no more pain. Surgery was Feb 13, 2014 The doctor is avoiding me.


Asked on 4/15/14, 7:00 pm

2 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

Bad results are not malpractice. there are no guarantees. The issue is whether something was done wrong or something that needed to be done was not done. You would need an independent surgical evaluation to obtain that opinion. Contact a local medical malpractice attorney who can guide you through the specifics of your case.

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Answered on 4/16/14, 5:35 am
Angelo Marino Angelo Marino Jr. PA

It is too early to tell if you have any kind of a case. The recovery time for this type of surgery is at least 6 months. If after 6 months you have not improved, then obtain the medical records, such as the office records of the doctor, history and physical, surgical report, pathology report, all x-ray and or mri reports, consulting reports, and discharge summary from the hospial as a skeleton of records to bring to a lawyer who handles these types of cases. See www.FL-PI-Lawyer.com to see about the law and what is required for a medical malpractice case.

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Answered on 4/16/14, 6:58 am


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