Hello, Yes, you can- if the screwbacking out is a departure from normal operation of this type in your community. In other words, if it seldom or never happens to any other surgeons that the screw would back out, then you may have a suit. However, if it is a potential in any such surgery and he did everything during the surgery according to how most other surgeons would do the same operation, then there is not likely a malpractice suit available. The test is whether you surgeon departed from the normal community standard of medical care for that same operation as is normally done by other surgeons in similarcases. The real test is whether you can find an attorney who will take the case on becausethere are many hurdles to overcome andit costs a lot of money to finance such a case - usuallyby the law firm. It also takes finding another noted surgeon who will inspect the situation/condition and say on the record that what happened constitutes malpractice. That must be done ahead of being able to even start such a malpractice law suit and it costs a substantialamount of money to afford getting the physician's opinion. Bottom line is if you find a law firm willing to take on the case, then you more than likely have aviable case. If not, then you still may have a case, but you'll have to find a firm willing to take your case. By the way, it could also be some sort of product liability case if there is supposed to be somesort of specific screw that will not back out once implanted and it didn't work. Then that would be a different kind of law suit, but all the same things would apply as with the malpractice case. Good luck.

Answer Applies to: New York
Replied: 9/16/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

In order to prove a medical malpractice case, a claimant must prove a failure to conform to accepted practice, resulting in an injury. A bad result is not enough, and if it is a "judgment call" by the doctor, there is no malpractice, even if the doctor made the wrong call. So, you would have to show (1) that he did not put it in correctly in the first place, (2) that the reason that it is backing out is that he did not put it in correctly and (3) that something that he did or failed to do when he put the screw in was contrary to accepted practice in that procedure. Of course, you have to show that you were injured as a result, but from what you describe in your question, that's the least difficult part.

Answer Applies to: New York
Replied: 9/16/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

The answer is, it depends. Did the problem with the screw occur due to malpractice, or was it a possible and/or likely complication that he could not have prevented? To learn the answer, you will need to consult with a medical malpractice lawyer quickly, since you have only two and a half years from the time of the malpractice to file suit. You can move things along in the meantime by obtaining your medical records from the doctor, so that you can provide them to your attorney.

Answer Applies to: New York
Replied: 9/15/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Maybe. Some investigation needs to be done first. You need to see a medical malpractice lawyer right away.

Answer Applies to: New York
Replied: 9/15/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.