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My son caught infection all around his screws and rods after surgery for scoliosis. Who should I sue for negligence?

Started by Jwirebaugh on 05/03/2019 1:28pm

On April second week my son underwent surgery for scoliosis. Before this he was on brace, but that didn't help and his condition only got worse.
During surgery, the doctor put 13 metal screws and 2 rods. 12 days later my son was diagnosed with infection. They replaced all the previous implants. My son in both physical and mental trauma due to this experience, and has also lost 10 lb of weight.

I did tell me that there is a chance of infection, but they also told me that they are doing the best known treatment with everything top of the line. During my son's second surgery I did more web search on the next steps and further risks associated with second surgery. I found this article:
https://ryortho.com/2018/10/are-your-sterile-implants-really-sterile/
It seems like an educated medical professional should be aware of this, but when i inquired they had not followed this. The screws and rods put in my son's body (both the first and the second time) were all ones which are washing in the hospital and are known to have dirt in them.

I have reached out to a lawfirm (and i myself am a paralegal). They suggested a lawsuit based, because consent before surgery doesn't indemnify the surgeons and hospital from on undergoing continued medical education (CME).

After my post in quora, seeking legal advice, someone shared this:
https://spinalnewsinternational.com/pedicle-screw-reuse/

I hope through my experience, patients who haven't undergone surgery will be careful and request the right kind of implants to put in their body.

God speed!

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Sorry to hear about your condition.

Also, thank you for sharing this information. My daughter might have to undergo surgery too as her curve is progressing, and our surgeon thinks that it has reached the threshold. Our physiotherapist is still positive and believes we can do without surgery.
But I will ask my surgeon in advance about having the right implants ready as I don't want further complications or risk if she goes under the knife. Nor is it ethical to put something dirty in her body!

I understand that you feel frustrated and are eager to take action. Some may recommend that lawsuits are a never ending battle, while few may claim that it is the only way to receive justice. I would recommend, you should ask yourself first, do you really believe that the surgeon was negligent, or was the hospital at fault because they are the ones who manage these implants in the hospital, and then go about it. Perhaps also look at the manufacturers. They have deep pockets and many times are at fault (same applies to hospitals).

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You represent your son who has gone through pain and suffering and the right thing to do is seek justice on his behalf. You need to speak to an attorney and dont take any doctor or hospital into personal consideration, they have insurance for the times they drop the ball like they did with your son.

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