My question involves medical malpractice in the state of: Texas
hi, i was diagnosed with 2 cervical herniations in 3/11. after conservative therapy failed the MD scheduled surgery for 5/11. while in pre-op the MD stated that he did not think it was necessary to operate on both herniations as he believed all symptoms were only being caused by one vertebrae and "it result in a much larger scar" . okay... he's the doc, we're getting ready to roll back to the OR, i trust him.
post-op no pain relief at all. go back to MD tell him i am still feeling the exact same pain and he tells me it's not my neck but rather my shoulder. sends to have an EMG. EMG results reveal that i had "severe and significant" nerve damage at the vertebrae he decided NOT to operate on that morning. ugh. i just about fainted i was so upset.
MD never called me with results (the neurologist gave me the EMG results). i called a neurosurgeon, he examined, sent me for confirming tests and yes indeed the pain is from the vertebrae the first MD decided not to operate on.
had another surgery in july. now feeling much better. out of FMLA however. job being very pissy, out of pocket 12K in co-pays and lost wages.
is the way MD handled my care malpractice? i really feel it was as 1. he failed to properly diagnose 2. major unnecessary surgery
opinions? advice? it's hard to get a lawyer in TX to take a med-mal case because of the damage caps... but this is wrong IMO.