Following an injury from an automobile accident the plaintiff had neurosurgery on February 7, 2017 consisting of a decompression lumbar laminectomy and a fusion of L4 and L5. A revision surgery was performed on February 14, 2017, a week later, consisting of a revision laminectomy and removal of a lateral disc herniation at L4 and L5 with an evaculation of a small seroma.
The results of the surgeries were unsatisfactory in treating the plaintiff''s pain. Was there any malpractice involved in these 2 operations?
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Do you believe there might have been medical error?
A lateral disc that needed exploration to remove that far lateral disc that was still the cause of pain
Do you believe there might have been causation (i.e. the medical error resulted in an injury)?
as above... A lateral disc that needed exploration to remove that far lateral disc that was still the cause of pain unless there is more information available one can not be certain. This is a common occurrence
What makes you a good expert for this case?
20+ years of experience and knowledge of medical science as well as the medicolegal issues
How often do you encounter cases similar to this one in your practice?
these things happen and present themselves...
Do you believe there might have been medical error?
in your brief history, there is not evidence of standard of care errors. bad outcomes are not infrequent in spine surgery and without demonstrable errors in diagnosis and technique, definitely not med mal. I hope these was helpful to you. thank you
Do you believe there might have been causation (i.e. the medical error resulted in an injury)?
as stated in an earlier explanation, a bad outcome does not necessarily represent medmal.
What makes you a good expert for this case?
I am honest but some attorneys like to go expert shopping til they get someone who. agrees with their thesis of their case. If you like to waste money and come up with a DEFENSE VERDICT, have at it. However, I would be happy to write a letter to your client to explain my reasoning if that would help you
How often do you encounter cases similar to this one in your practice?
Rare. Most experience plaintiff medmal attys know that simply having a bad outcome is not a case.
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