Nerve Damage After Fusion

[Ackerley]

I had a fusion at the L5 S1 disc. After surgery my back felt great. "No Pain". Immediately I started having pain from my shin to my feet in both legs. Also pain in arm and fingers. I was told it was normal and would go away within the next 6-8 weeks. As time went on the pain is more aggressive and has pretty much handicapped me. I was then told that the pain is due to diabetes. Long story short, I have just been told by a different set of doctors that I have a traction injury of the L5 and S1 in the nerve roots which was caused in the setting of an ALIF. Is there anyway to repair this damage?

ANSWER: David:  I was understanding your story until the end when I was confused by your question "Is there any way to repair this damage"?  I am a lawyer, not a doctor. I did not go to medical school. I have handled hundreds of back injury cases on the legal issues but I am certainly not qualified to even try and answer your question and even a spine surgeon without viewing films and studying your medical records and doing an exam could answer your question either. You need to ask your surgeon or if not satisfied, see another one.  If you meant to ask "is there any way to repair the damage financially through a medical malpractice suit"(?) I couldn't answer that until you found out the answer to the medical question. Pretty strange to me that you thought a lawyer could answer question, especially with the minimal amount if informatino that you provide. Best of luck

---------- FOLLOW-UP ----------

Sorry for the confusion ... I was lead to believe my pain was from diabetic neurapathy. Another set of doctors have determined it is due to the fusion plate being spread too wide which has caused the damage to my nerve. Could this be a medical malpractice suit.

[Travis]

So some doctors think your problem is related to diabetes and therefore, no issue of medical malpractice. Other doctors think your problem is due to the surgery not done in the most advantageous way. But your surgeon had no way of knowing whether the plate should be spread wide or not so wide. Only time would tell. Otherwise, the surgeon did everyting according to the book. He used his best judgment. He did nothing that could be considered negligent or "below the standard of care". He used his best judgment, the judgment many other surgeons would have chosen, but it didn't work out to the best for you. That is not malpractice. A bad result is not conclusive of malpractice. He must have done something that any other surgeon would have said "why the hell did  he do that, that is crazy, that is not how it is done". That didn't happen here. No lawyer is going to spend thousands of dollars out of his pocket and hundreds of hours of time on a case like this for a chance of only getting paid and repaid if he wins. No legal recourse here. Get the best medical recourse available. That is my advice. Good luck.