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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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This is a medical question. Had back surgery May.8, 2015.

Customer Question

This is a medical question. Had back surgery May.8, 2015. Was.told by the doctor that he had "snipped" approx 3'inches of dural matter.Nd I would have.to spend.extra.time in the hospital, flat.of my.back to make sure it was doing okay. Went back for my appt after back surgery and he referred for Physical Therapy. Have tried to call and make an appt with no return call. I still hurt. Can I sue him for the snip? Very upset that I do not get a return call from him.
Thank You, ***** ***** bcmorgan12@ art.net
Submitted: 2 years ago.
Category: Legal
Expert:  CalAttorney2 replied 2 years ago.
I am sorry to learn of your unfortunate situation. Unfortunately, you will need to speak with a local attorney and get a medical consultant (preferably through your attorney - it is a matter of maintaining privilege through the "attorney work product doctrine" under the evidence code) to get a specific opinion regarding your specific situation to determine whether or not you have a sufficient facts to support a cause of action.Medical malpractice claims are based on expert testimony, this means you, or your attorney, will need to find a medical expert in the same, or similar field, to testify as to the standard of care in the industry, whether your physician or facility's conduct fell below that standard, and whether that negligence was the cause of your injury. The same (or a different) expert can then testify as to your projected future damages and cost of medical care. Due to the complexity of these claims, I highly recommend that you retain a medical malpractice plaintiff's lawyer (also called trial attorneys). Fortunately the majority of these attorneys will provide you with a free consultation, and many will represent you on a contingency basis (they will advance the costs of litigation and legal services in exchange for a portion of your successful settlement or judgment). You can find local attorneys using the State and Local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).