After having my 2nd spinal fusion 6 months ago I had an EMG done and discovered I have nerve damage as a result of the surgery. The surgery was to treat sciatica on my right side and now my left foot has partial loss of sensation and I constantly have sever burning pain that no medication or PT has been able to help so far. I did not have this nerve damage before, this was clearly a result of the surgery. The surgeon told me before the fusion that nerve damage was not considered a possible risk since the incision was from the anterior and not the posterior. After the surgery he admitted the pain I was having was not normal or a complication that he would have expected. He kept telling me that the nerve was just irritated and that the pain would go away over time. It was only when I went to another doctor that I had an EMG ordered and discovered the nerve was not irritated, it was damaged.

I am in constant pain, I may loose my job and I am horribly depressed because I can't have a social life. I don't feel like my condition is improving and I don't know what to do. Is this possibly a case of medical malpractice?