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My husband had spinal fusion surgery in August of 2016. They…

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My husband had spinal fusion...
My husband had spinal fusion surgery in August of 2016. They tore the dura, which caused the nerves to herniate up into the metal cage they had inserted into his back. As a result, he had to have (2) additional surgeries and to this day, still walks with a walker. Do we have any recourse or can Stanford just write this of as a risk of this procedure and we have to deal with the pain, suffering and lost wages? My husband is 68 and was planning to resume playing golf and return to the work force.
Submitted: 6 months ago.Category: Personal Injury Law
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Answered in 25 minutes by:
12/7/2017
Personal Injury Lawyer: legalg, Attorney replied 6 months ago
legalg
legalg, Attorney
Category: Personal Injury Law
Satisfied Customers: 13,386
Experience: General Practitioner. Research Attorney
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Personal Injury Lawyer: legalg, Attorney replied 6 months ago

I am very sorry to hear this;

unfortunately it will require an analysis by both an attorney reviewing the medical files and the waivers, and a medical specialist giving their expert opinion as to whether the result was a necessary justified risk, or if it was due to the practitioner's negligence.

To prove medical malpractice the plaintiff must establish, per case law (Lattimore v. Dickey (2015) 239 Cal.App.4th 959) the provider had a duty to use the degree of skill, prudence, and diligence as other members of the profession commonly possess and exercise; a breach of that duty; a proximate causal connection between the negligent conduct and the injury; and resulting loss or damage.

If that is proven the plaintiff may recover medical expenses (ie future medical costs), pain and suffering, diminished quality of life, and punitive damages.

Per CCP 340.5 the statute of limitations is 1 year from the date the plaintiff knew or should have known of the injury so time is of the essence in such cases.

An attorney can be located here:

http://www.calbar.ca.gov/Public/Need-Legal-Help/Lawyer-Referral-Service

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Personal Injury Lawyer: legalg, Attorney replied 6 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
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