Can I sue my doctor for malpractice if he has to fix a previous surgery?

I had a surgery on my throat to remove a disk that was pressing on my nerve. Now the doctor says the screw is backing out and if it ruptures my esophagus, it could kill me. He says he needs to reopen the wound and repair the problem. Can I sue him for malpractice?
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Answered By: Law Office of Mark P. Miller
This is a medical malpractice issue not a personal injury issue (motor vehicle accidents, slip and fall and dog bite cases). Hopefully someone with medical malpractice expertise will respond to your question.

Answer Applies to: Colorado
Replied: 9/20/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Offices of Richard Copeland, LLC
From the limited information you've provided, it's quite possible the doctor did nothing wrong. Screws back out on occasion without anyone having committed negligence. The only way you are going to know if the doctor was at fault would be a consultation with another doctor qualified in the same field of medicine. That doctor could give you an opinion whether your surgeon acted or failed to act in a manner that violated the standard of care for the medical specialty.

Answer Applies to: Colorado
Replied: 9/15/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

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