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Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4779
Experience:  Experienced in both state and federal court.
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my 18 yr. old daughter has undergone 3 back surgeries in less

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my 18 yr. old daughter has undergone 3 back surgeries in less than a year. The first 2 surgeries were done by the same physician and the 3rd by a new physician. Long story short, the first surgeon put a screw through a nerve in her back causing her more pain then she was in originally. The 2nd surgeon (3rd Surgery) had to go into her back specifically to remove those screws. His method of surgery to fix her broken back was to go through her abdoman. the 3rd surgery was VERY successfull for the original problem but now she has right leg pain due to the misplaced screw and it may be permanent. We won't know for another year or so. Is there a way to make sure she is taken care of in case this is a life long problem? She was an incredible athlete/student and very driven but now this pain is changing her. I have never sued anyone in my life and i hate the idea of it. the first surgeon was very nice and I really have no desire to sue him but my need to make sure my daughter is taken care of trumps that. My husband is a physician and I can not even discuss this with him.

TexLawyer :

Good afternoon. I'll be assisting you with your question.

TexLawyer :

I'm sorry to hear about your difficult situation.

TexLawyer :

Based on what you've said, it appears as though you have a very strong medical malpractice case.

TexLawyer :

As with most medical malpractice cases, the case will largely revolve around the testimony of experts, both to prove the fact that the first physician was indeed negligent, and to prove the amount of damages suffered by your daughter.

TexLawyer :

My suggestion to you would be to consult with a lawyer and get at least a rough estimate regarding her potential damages. I would expect them to be fairly high, considering the potential for lifelong effects from the surgery.

TexLawyer :

If you need help finding a lawyer, you can use www.martindale.com or www.lawyers.com. Both are reputable lawyer referral websites.

Customer:

Is there a certain type of lawyer I need to hire?

TexLawyer :

Yes, you need a medical malpractice lawyer.

Customer:

and we are not sure the effects will be life long. Is there a "place card" holder in case it is? I know there are statutes of limitationsbut I don't want to sue if it isn't necessary

TexLawyer :

When was the first surgery?

Customer:

Jan 11, 2012 ( 7 hrs long) 2nd. surg. May 23,2012 (6 hrs long) 3rd Surgery Jan. 8th (3 hrs. long)

TexLawyer :

OK. You have until Jan. 11th, 2014 to file suit. Your attorney can file suit at any point up to that date and ask for damages as if it would be a lifelong injury. The litigation process can take several months, or sometimes well over a year. That should give you enought time to ascertain exactly the extent of her injuries.

Customer:

It was the second surgery that he put the screws in so would that push back the date?

TexLawyer :

I'm sorry, I thought the first surgery was the one that caused the inury. My apologies. Yes, if the May surgery is the one that caused her injury, that would push the date to May 23rd, 2014 to file suit.

Customer:

Great, thank you for your time. You have been very helpful.

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