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Maverick, Attorney
Category: Personal Injury Law
Satisfied Customers: 6392
Experience:  20 years professional experience
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My son had a spinal fusion done a month ago. We went home

Customer Question

My son had a spinal fusion done a month ago. We went home maybe a week later. His lower spine split open a little may a week after getting home. I complaints to the surgeon saying it didn't seem right and he may get infection. He constantly sent us back
home after having someone badadge it up and saying it looked fine. Almost a month after surgery my son started having high fevers and I had to take him to hospital, all to find out it was possible infection and they had to reopen the spine for him to further inspect for possible spread of infection. I would like to know if this is considered a medical malpractice?
Submitted: 11 months ago.
Category: Personal Injury Law
Expert:  Maverick replied 11 months ago.

Welcome! My name is***** give me a few minutes to analyze and/or research your inquiry and I will be back.

Expert:  Maverick replied 11 months ago.

Yes, this does sound like a pretty clear case of medical malpractice. However, such determinations are not made by lawyers; rather medical malpractice cases turn on the testimony of other doctors who come and testify as to whether the treating physician failed to adhere to the reasonable person standard of what a fellow local doctor in that line of work would have done and should have done under the circumstance. This is termed as "the battle of the experts". You should consult with a local medical malpractice attorney and take a five year medical history with you on this. The lawyer will have a doctor that he is affiliated with evaluate the records and make a determination as to whether the case is winnable and cost effective. If so, they will usually take you as a client on a contingency fee basis of 33% to 45% depending on if the case settles or goes to trial.

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