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Medical malpractice case brought after botched back surgery

A medical malpractice claim was filed against a doctor last week for an allegedly botched back surgery in 2008. The suit was brought by the injured party in Harris County District Court last Wednesday.

The alleged victim of medical malpractice claims his injury resulted from what started as a November 2008 visit to Memorial Hermann Hospital Southwest in Houston, Texas. The patient, complaining of lower back pain, was administered several tests after which surgery was suggested by his doctor as a means of stabilizing and strengthening the integrity of his lower back.

Problems began after surgery was complete. The patient began to develop a serious infection he believes was a result of the surgery. Also, the patient claims to have been left with a coccyx injury unaddressed by his doctor during his back surgery.

The lawsuit filed in Harris County District Court last Wednesday names the patient's doctor as well as Memorial Hermann Hospital as defendants in the case. The patient is seeking actual as well as compensatory damages in addition to compensation for legal fees he has and will incur in bringing this lawsuit.

If this case were being brought in Kentucky, the patient might have waited too long to file. Our state has a statute of limitations on medical malpractice claims. Legal action in such a case must be taken within one year of the injury or within one year after the injured would have been reasonably able to know the injury had occurred. The period of time in the latter example cannot exceed five years from the actual date of the injury.

Source: Ultimate Bellaire "Bellaire doctor sued after back surgery allegedly went wrong" by Andrea Dearden, 2/7/11

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