Need a lawyer for medical malpractice
May 14, 2015
This case has been filed in Manhattan. Pro Se. The following is my statement. I have a very inexperienced lawyer helping but need a pro to take the case. Current offer not acceptable.
Dear Sir: I had a spinal fusion in NYC in September of 2012. I feel the Doctor did not provide me with the acceptable standard of care and violated me physically. I will explain. I had two pro discs in my neck from a previous surgery and they were not helping me. After consulting with a few top Doctors the general consensus was removal or both PRO DISCS discs and a two level fusion. The Doctor in question James Farmer told me he might want to do a three level fusion only. I asked why and he said he believed he say a crack in my vertebra at level T-1. I became suspicious and went for many opinions.
I had approximately five Doctors review my film, Dr. Corecman from Vail Colorado, Dr. O’Leary from the Hospital for special Surgery, the Chief Radiologist from the Hospital for Special Surgery, Dr. Scott Rodeo from the Hospital for Special Surgery and Frank P. Camissa from the Hospital for Special Surgery and they all said that I needed only a two level, and that nothing at all was wrong with level T-1.
My wife and I went to Dr. Farmer for an office visit and told him the results of our findings and said under no circumstances do we want a three level and if he wants to do a three level I will find another Doctor. My wife was a witness to this. He agreed and when I was sedated he did the three level anyway. The Chief of Radiology from his hospital HSS told me Dr. Farmer was wrong and he would be taking out a good vertebra. He made sure to tell him and asked me to tell him. Dr. O'Leary from HSS stated in his reviews that there was nothing wrong with the T1 vertebra and the Doctor should not touch it. He also told me that he would assist in the surgery to make sure nothing extra was done, and he never showed up.
I told Dr. Farmer and he said he was happy to have Dr. O'Leary assist. Dr. O'Leary never showed up and some resident worked on me. He installed the plate so far off center he could not install the top right screw. Dr. Corenman said that T1 was perfect and he should never have touched it. He is a big surgeon in Vail. The Chief of HJD said he James Farmer almost killed me because he tried to install a screw that would have severed a major artery and I was lucky not to bled out, he also said Dr. Farmer was his friend and he wished not to be involved, he did say I needed an emergency surgery to correct what Dr. Farmer did.
The Chief of Spinal Surgery at White Plains Hospital said it was the worst surgery he ever saw in his 15 year career, he has that in writing. He has left my right arm partially paralyzed. I can use it but with no strength and much numbness. The Doctor never came to check up on me after I was in recovery. When I insisted he visit me to discuss my case he flew into a tirade and said "I did the surgery and my job is over, I work across the street and have no time to visit my patients, come and see me once a month for follow up. "
If I'm understanding you correctly, two discs involve three vertebrae, and a double fusion would require screws in three vertebrae. Aside from that, your target defendant was attempting to fix an existing problem with the two pro discs that he didn't put in. If he made a choice between two accepted methods of treatment in trying to correct your previous surgery, he can probably rely on the "error of judgment" defense, and argue that given your existing condition, and in an attempt to stabilize your spine, he did the best he could. Your age and other factors will be in issue. I think you have an uphill battle in this case (especially as a pro-se litigant). If the defense are offering to settle at this stage, my advice would be to seriously consider it.
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