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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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I had L 4 L 5 back fusion Dec 10th 2015, I woke up from

Customer Question

I had L 4 L 5 back fusion Dec 10th 2015, I woke up from surgery with drop foot on my left, sever leg weakness on left and a horrible burning sensation in my left foot. After 3 1/2 mo I have zero 0 issues with my back that was completely fixed. But the issues with my leg and foot are still horrible, I was never told that these side affects could happen. The surgeon wants to wait a yr and told me to get a 2nd opinion after 5 dr , epidurals, cat scans, emgs, and now the Dr from Cleveland Clinic wants to do a spine stimulator trail...I just don't know what to's just meds meds and more meds ...plz tell me a direction
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

I am very sorry to learn of this situation. It is possible that you have a medical malpractice claim against the surgeon that performed the surgery, the facility, other providers, or some combination of the above.

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;; or (I personally find to be the most user friendly).

Customer: replied 1 year ago.
It's not easy finding an attorney, 3 of them in my area use my surgical center for expert testimony, and 2 that I contacted in Indy said it's failed back syndrome. ..won't touch it...I seriously can not take much more
Expert:  CalAttorney2 replied 1 year ago.

There are medical malpractice attorneys out there that will probably at least look at your case, you may need to look outside your immediate area - and in some instances may need to expand your search somewhat widely. However, I cannot promise that they will be able to identify a claim.

As I noted above, to create liability, you (or rather your expert(s)) must show that the defendant's conduct fell below the standard of care. Being impaired or injured as a side effect of the surgical procedure alone is not sufficient.
But based on the significant and potentially life long effects of this condition, as well as the fact that you are likely facing a rapidly approaching statute of limitations, I would encourage you to invest the time in searching for a law firm or attorney that is licensed in your state and practices medical malpractice claims from the plaintiff's side of the bar.