The mere fact that you’re in pain following surgery does not, in and of itself, indicate medical malpractice. Sometimes this is just part of the healing process.

As a general rule, a lawyer in a medical malpractice claim has to prove two things; medical error and serious injury (damages) as a result of the error. In many cases, while the first part of the equation may be easy to establish, the second part is
where most malpractice cases fail.

A 2013 Emory University School of Law study found that 95% of patients who sought legal representation for harm suffered as a result of medical treatment were denied help, primarily for economic reasons. As a lawyer may have to invest $50,000 or more of his own money to pursue a case, the study found lawyers would not accept a case- even one they knew they could win- if the damages were less than $250,000!

The type of harm following surgery that may give rise to a medical malpractice claim is where the pain is permanent and cannot be corrected with subsequent surgery. If your pain is constant, even after sufficient time for recovery, it would be wise to seek a second medical opinion. If that doctor tells you your condition is permanent and cannot be corrected with a subsequent surgery, call your medical malpractice lawyer right away. Call the Personal Injury Hotline!