Legal Question in Medical Malpractice in Ohio

I had back surgery L5S1 in August of 2011, and most recently May 2012 for L4-L5. I've lost workers comp claim and appeal. Ohio's decision was based on the fact that my MRI's show both injuries,but the doctor only fixed one last year L5-S1 and now less than a year later the next level L4-L5. Do I have a case against the doctor or would I be wasting my time.


Asked on 7/15/12, 8:56 pm

1 Answer from Attorneys

Howard Mishkind Mishkind Kuwlicki Law Co. L.P.A.

It is unlikely that you have a claim for medical negligence but I can't state this with any certainty based upon the information you have provided. Your email is not clear as to the type of back surgery you had, whether it was a minimal surgery to the disk or a laminectomy. It is likely that you had disk disease involving both disk levels at the time of your first surgery and the L4-L5 was not as significant and the doctor's clinical judgment was to do a single level surgery. The fact that you had to have another surgery at a slighly higher level less then a year later is unfortunate and a littel unusual but it would be very difficult to prove that the doctor deviated from accepted standards of care in his surgery. The original MRI would have to be reviewed by an expert to determine if the l4-l5 disk should have been operated on at the same time but I doubt you will be able to prove sufficient injury and damage to warrant pursuing a claim as these type of cases are very expensive and unfortunately the doctor's clinical judgment, even if it is different then another surgeon's clincal decision does not mean he was negligent. Tough to win thesse cases and you have to have the right facts and the right damages to warrant venturing into this type of claim.

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Answered on 7/16/12, 7:38 am


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