Question: Do I have a
legal recourse after surgery was done, excessive amount of bone was removed and
it never healed? Two surgeries were done and headed to another with a bone
graft from my hip. The collarbone has not healed. I am in constant pain. As I
understand it, a sliver of bone should have been removed on both ends to align
the bones for better healing. I had one inch removed. A metal plate put on to hold
the bones in alignment. The second surgery was done. A polymer blood sponge was
put in to encourage growth. It did not work. Now I'm headed to a third surgery.
A bone graft will be done from my hip. Do I have enough to file and win a
MALPRACTICE? I have all the medical records and x-rays and even the x-ray from
my chiropractor that shows stress on my neck and shoulder. Headaches and range
of motion are affecting me.
Answer: Failed surgeries do not, by themselves, prove medical malpractice in Montana. Each case must first be reviewed by the Montana Medical Legal Panel for a non-binding opinion of a panel of three doctors and three lawyers. Your lawyer must prove the doctor did something no competent doctor would do. Or missed a diagnosis that a good doctor would have made. Remember, the defense lawyers have many ways to blame the patient when the result goes wrong. Good luck with your surgery. Third time's a charm I hope.
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