Filling for Medical Malpractice

Filling for Medical Malpractice

Sacramento Attorneys

Having back surgery can be a risky procedure. If you haven’t heard about NBA coach Steve Kerr, who had back surgery that failed twice, you should know that he had to miss a good portion of the NBA season and the NBA Playoffs because of the debilitating pain from failed back surgery. Although it unknown if Kerr is going to pursue any legal action for the failed back surgery, but depending on the state that he underwent the procedure, there is a possibility that he may be entitled to pursue damages for medical malpractice.


Obviously, Kerr’s main concern is to get better and to remain coaching in the NBA. But what do you do if you are not an NBA coach, don’t get paid millions of dollars a year, and can’t afford to pay for alternative treatments after a failed back surgery? What if your insurance will not cover a second or third procedure? For many people, their jobs are in jeopardy and family obligations suffer because of the inability to move. Fortunately, there are options: Live with the pain or file a medical malpractice lawsuit.


If you feel that you have been a victim of medical malpractice after back surgery, rest assured that the personal injury attorneys at Law Offices of Russell Fields in Sacramento are available to help you pursue the compensation required to get the help you need. It is important that you contact a personal injury attorney as soon as you find out that the back surgery failed and caused further damage. Call (916) 529-4143 today for a free case evaluation.


In California, a plaintiff has one year after the discovery of the injury or within three years of the procedure to file a lawsuit (California Code of Civil Procedure section 340.5). The only way to file a possible successful lawsuit after the three-year statute of limitation is if the doctors left an object in your body such as a medical instrument, a surgical sponge, or anything else that could harm the body. However, the lawsuit still needs to be filed within a year after discovering the presence of the foreign object.


Filing a lawsuit against a doctor for medical malpractice or professional negligence because of failed back surgery is a time-sensitive process. We must provide evidence that a doctor’s conduct of practice was below the standard of care that was required for a successful surgical procedure. Essentially, we have to prove that another doctor who could have provided treatment in a similar situation would not have performed the same way. Simply put, we need to prove that another doctor would not have done the same thing that your doctor did to injure you, which is not easy. Alternatively, in some cases, we will have to prove that a surgery could have been avoided or was not necessary.


This process may seem intimidating to someone suffering from the pain caused by the failed back injury. We completely understand that all you want to do is feel better. That is also our goal at Law Offices of Russell Fields. Our personal injury attorneys are professionals who understand what it takes to get you on the path to recovery.


If you feel that you have been a victim of medical practice after back surgery, rest assured that the personal injury attorneys at Law Offices of Russell Fields in Sacramento are available to help you pursue the compensation required to get the help you need. It is important that you contact a personal injury attorney as soon as you find out that the back surgery caused further damage.


Call (916) 529-4143 today for a free case evaluation.


W. Russel Fields

  • Law Offices of Russell Fields
    1792 Tribute Road #400
    Sacramento, CA 95815
    Tel: (916) 529-4143
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