I was HOJ Feb '06, 3 level spinal fusion Oct '08. Follow-ups I was given the surgeons NP or their OM.
Feb '09 OM tells me looking at Jan '09 x-rays everything looks great. I complained again about the pain I'm still in and an increase of pain in my leg. He tells me "the nerves are growing back and holds up his fingers to show approx 1/4 per month, thus the leg pain".
April '09 same OM new xrays, says "everything looks great I'm sending you back to work light duty few restrictions". I flat out asked him "am I fused"? He said "Yes everything looks great, but we were not worried about the fusion but everything above it due to the stress on the vertebras" "Again everything looks great"
Fast forward I'm sent to a lawyer agreed AME to sign off on the surgery who takes his own x-rays.
First thing he says, "your surgery was a failure, you are not fused"." Are you open to more surgery"? I asked is that why I'm still have back pain and my leg pain has increased. He said "I have a loose screw at S1,which could be causing the nerve pain in my leg".
He also said "looking at the MRI's he doesn't understand why I had the surgery in the first place, but will reread the reports maybe he missed something".
Questions: Do I have a case against the surgeon if the report shows I didn't need the surgery at this point and it failed?
Case against the OM from surgeons office for stating I was fused, when clearly I was not? Nor did he mention the loose screw.
I have a WC lawyer now, is this something he should be looking into, or should I get a different one?
Thank you for your time!
Feb '09 OM tells me looking at Jan '09 x-rays everything looks great. I complained again about the pain I'm still in and an increase of pain in my leg. He tells me "the nerves are growing back and holds up his fingers to show approx 1/4 per month, thus the leg pain".
April '09 same OM new xrays, says "everything looks great I'm sending you back to work light duty few restrictions". I flat out asked him "am I fused"? He said "Yes everything looks great, but we were not worried about the fusion but everything above it due to the stress on the vertebras" "Again everything looks great"
Fast forward I'm sent to a lawyer agreed AME to sign off on the surgery who takes his own x-rays.
First thing he says, "your surgery was a failure, you are not fused"." Are you open to more surgery"? I asked is that why I'm still have back pain and my leg pain has increased. He said "I have a loose screw at S1,which could be causing the nerve pain in my leg".
He also said "looking at the MRI's he doesn't understand why I had the surgery in the first place, but will reread the reports maybe he missed something".
Questions: Do I have a case against the surgeon if the report shows I didn't need the surgery at this point and it failed?
Case against the OM from surgeons office for stating I was fused, when clearly I was not? Nor did he mention the loose screw.
I have a WC lawyer now, is this something he should be looking into, or should I get a different one?
Thank you for your time!
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