Case Archive

Incorrect Levels of Diskectomy
$150,000 Delaware Settlement

A 39-year-old auto machinist began experiencing a recurrence of severe low back pain radiating down his left leg. After visiting his family physician and obtaining a lumbar MRI, he was referred to a neurosurgeon. The diagnosis was two herniated lumbar discs at L2-3 and L4-5, requiring diskectomy or fusion surgery. The man opted for a two-level diskectomy surgery, which took place several weeks later. Recovery was slow and the lumbar radiculopathy did not subside. Eight months after the surgery a second MRI revealed the same herniations at the same two levels. The neurosurgeon did not communicate this to the patient, recommending instead two more lumbar disc surgeries. The man sought a second neurosurgical opinion. He then brought suit, claiming negligent surgery at the improper disc levels. A medQuest neurosurgeon testified at trial to the improper operative procedure in identifying appropriate disc levels. The trial ended in a mistrial and the parties ultimately settled for $150,000.

Attorney for the Plaintiff:
Louis B. Ferrara, Esq.
Ferrara, Haley, Bevis & Solomon
Wilmington, DE

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