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If it is a case at all it would be a malpractice case. The way the laws are written now if you are a patient and the defendant is a medical provider the courts call it a malpractice case.
As to whether you have a valid case, there is no way to know at this point. There are certain "known dangers" of back surgery although I don't know if this is one of them.
What you would want to do is visit with a local lawyer who does medical malpractice work and they will examine the records and likely have an expert look at them as well. The issue here could be medical malpractice on the part of the surgeon or on the part of the anesthesiologist.