This is somewhat difficult to address. The premise is that you sustained an injury to your neck during your lumbar fusion surgery. Symptoms of neck pain and cervical radiculopathy did not begin until after your lumbar fusion, The MRI of the cervical spine does indicate a "bulging disc", but further information regarding any other degenerative changes in your cervical spine would be needed to determine if there are other factors causing the neck/arm symptoms.
It would be very unusual for you to sustain a disc injury in your neck during the lumbar surgery unless you were roughly handled and your neck was manipulated in an adverse manner. Any legal issues would be dependent on proof that a neck injury occurred.
(Another thing to consider: did your consent form contain a clause regarding liability and require you to participate in binding arbitration? This has become a standard on most consent forms)
The higher probability is that you have degenerative disc disease in your cervical spine, especially if DDD was a primary cause for you to require lumbar fusion.
Bulging discs are not unusual in anyone with DDD and often are not symptomatic for some time after they occur. If you have the full MRI report, post the clinical findings and we can review it for further details.
How successful was your lumbar fusion? Did it relieve your preop symptoms? Cervical spine surgery may not be needed and treatment for your neck would depend on how extensive the degenerative changes are and the severity of your symptoms.
Post with an update and we will try and assist you further.
With me sustaining an injury during a surgery. Do I have legal recourse? I have not had problems in the past in my neck and the surgery was on my lower back. Thank you for your insight.
Mike
In my "unprofessional" opinion, I would say that depending on the closeness of the discs that were fused and the now bulging disc, there could be an association with the fusion. Anytime a disc is fused, you lose 13% of the original movement in your back. This loss of motion adds pressure and stress to the discs around it. I had a disc fusion 2 years ago and the disc above my fusion is now bulging. I went in knowing this was a possibility, but did not think it would happen so quickly.
Now, if the fused discs are not in proximity to the bulging disc, I don't think it would be a "normal" association with the fused and bulging discs. My concern would then be if something happened during surgery that caused it, although they should not have been doing anything with your neck if it was your lower back that they operated on. Is it possible that you have degenerative disc disease or something else that is affecting all your discs? I wish you the best in your recovery and new obstacles!
Hi and welcome to the back and neck support forum.
Mike, since this is a support forum and I do not have a personal experience with this I can not speculate.
I would ask ur dr to look closer at ur MRI prior to and after surgery.
I wish u the best and ask that u share what u find out.
"selma"