What is your opinion about this situation?

Question

My niece had back surgery on a herniated disk. It has been almost one year since the surgery and her back (at the tailbone) is swollen! She seen another back surgeon for a second opinion and he told her that the sack that holds the spinal fluid has a slice in it. That is why she is swollen, she has a pocket of spinal fluid in her back. He said this can happen during a surgery. He told her he can go in and repair the slice, but nothing is guaranteed. She is going to have another surgery now. She wants to sue the first surgeon for making this slice in her fluid sack. Can this lawsuit succeed?

Answer 1

Not necessarily b/c this is probably a possible complication of the surgery. What can be considered is has the doctor neglected to notice/diagnose this. Should he have already noticed this by now?

Answer 2

I think she definately has a fighting chance in the courtroom.

Answer 3

You stated that she went to another surgeon to get a second opinion- but did she go back to the one that did the surgery? Surgeons protect themselves from lawsuits by listing the possible problems under the clause sheet- usually listed on a page just before the consent for surgery form she would've been made to sign. As far as a lawsuit- you'd have to read the initial paperwork for that surgery; there should be a list of possible problems (side effects) she could encounter post surgery. If swelling or fluid loss is on that list- then the answer would be; No. But if it isn't- than; possibly- PROVIDING the second surgeon is on the level; ask HIM if he'd be willing to show this "proof" of the other surgeon's mistake in court. If he says, No- don't do it! He's a scammer. What kind of x-ray procedure did the second surgeon do to determine the first surgeon made that mistake? If I were her I'd get a third opinion before I went ahead with another surgery. A third surgeon or the original one may be able to fix the problem without the costly second surgery.

Answer 4

IF THIS SURGERY HAS BEEN DONE UNDER THE NHS THEN THIS CASE WILL BE DROPPED. THE REASON IS BECAUSE SHE HAS TO SIGN A CONCENT AND LEGAL DOCUMENT BEFORE SURGERY AND THIS COVERS THE COMPANY UNDER THIS SITUATION. SHE WILL BE WASTING HER TIME AND MONEY. SORRY TO BREAK IT TO YOU

Answer 5

All spine surgery carries a high risk and that is why you sign a nice consent form to state you understand the risks. Therefore no legal recourse. Best of Luck