What to do if I had lumbar fusion surgery and have been having problems ever since?
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What to do if I had lumbar fusion surgery and have been having problems ever since?
It has been almost 5 years now and the pain is getting worse. I’ve had infections, a large hole and scars.
Asked on September 29, 2012 under Malpractice Law, Alabama
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Medical malpractice is negligence. Negligence is the failure to exercise due care (that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).
You will need to file your lawsuit for negligence against the doctor prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
In Alabama, the statute of limitations in a medical malpractice case is as follows: two years after the act or omission; however, if the act or omission is not discovered and could not have reasonably been discovered within the two year period, the lawsuit can still be filed within six months of the date of discovery or the date of learning facts that would reasonably lead to such discovery whichever is earlier. In no event may the lawsuit be filed more than four years after the act or omission.
Whether or not you can still file your lawsuit will depend on when you discovered or should have discovered the problems you have experienced due to the surgery.
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