Injured After Surgery Using the TruDi Navigation System? Here's What to Do Next.

Waking up from surgery and realizing something is wrong is terrifying. Maybe the pain is more severe than expected. Maybe you're experiencing numbness or weakness that wasn't there before. Maybe a follow-up scan revealed that your implants aren't where they should be.

Whatever your situation, the steps you take in the days and weeks after a surgical injury can significantly impact both your health and your ability to seek justice. Here's a clear-eyed guide to what you should do and why it matters.

Step 1: Prioritize Your Health and Get Follow-Up Care

Before anything else, your physical well-being comes first. If you're experiencing worsening pain, neurological symptoms like tingling or weakness, fever, or any sign of infection, seek medical attention immediately.

Don't minimize or dismiss your symptoms. Patients are sometimes told that discomfort after surgery is normal, and some of it is. But persistent, worsening, or new symptoms deserve a thorough evaluation. Push for answers. Ask your surgeon directly whether your symptoms could be related to implant placement, and consider consulting a specialist if you're not satisfied with the response.

Step 2: Request Your Complete Medical Records

As a patient, you have a legal right to your own medical records. Don't wait for someone to offer them. Request them proactively, and request all of them, including:

• Operative reports from your surgery
• Pre- and post-operative imaging (X-rays, CT scans, MRIs)
• Anesthesia records
• Device records, including the make, model, and lot number of any implants or equipment used
•  Nursing notes and intraoperative documentation
• Any post-surgical notes from follow-up appointments

These records will be essential if you decide to pursue a legal claim. They may also reveal information that helps you and your doctors understand what went wrong.

Step 3: Get a Second Opinion

If your surgical team is dismissing your concerns or if you simply aren't getting clear answers, seek a second opinion from an independent physician. This is a reasonable and important step when your health is at stake.

A second opinion from a specialist, particularly one who was not involved in your original procedure, can provide a clearer picture of your current condition, what caused it, and what your options are going forward. An independent assessment can also be valuable evidence if you pursue legal action.

Don't let anyone make you feel guilty for seeking a second opinion. Your health and your future are worth it.

Step 4: Document Everything

Start keeping a detailed log as soon as possible. Write down:

• Your symptoms, day by day, including their severity and how they affect your daily life
• Every appointment, phone call, or communication with your healthcare providers
• The names of every doctor, nurse, or technician involved in your care
• Any medications you've been prescribed as a result of your complications
• The ways your injury has affected your work, family life, and daily activities

This kind of documentation creates a contemporaneous record that can be invaluable in legal proceedings. Memory fades. Written records don't.

Step 5: Understand Your Legal Timeline

Here's something many injury victims don't know until it's too late: the law imposes strict deadlines on when you can file a lawsuit. These are called statutes of limitations, and they vary by state and by the type of claim.

In most medical malpractice and product liability cases, you have a limited window, often two to three years from the date of injury or the date you discovered (or should have discovered) the harm. Once that window closes, your right to compensation closes with it.

Don't assume you have time to wait. Consult an attorney at Morgan & Morgan as soon as possible.

Step 6: Explore Your Legal Options

Once your immediate health needs are addressed and you've gathered your records, it's time to understand your legal rights. You may be entitled to compensation for:

• Medical bills, including the cost of revision surgery and future treatment
• Lost income while you recover
• Long-term disability and diminished quality of life
• Pain and suffering

A qualified attorney who handles medical device and surgical injury cases can evaluate your situation and tell you honestly whether you have a viable claim. At Morgan & Morgan, these consultations are always free, and you pay nothing unless we win your case. 

Frequently Asked Questions

What should I do immediately after a surgical injury?

Seek medical care right away if you're experiencing dangerous symptoms. Then begin documenting your experience, request your medical records, and consider reaching out to an attorney as early as possible. Early action protects both your health and your legal rights.

Should I request my medical records even if I'm not sure I have a case?

Absolutely. Your records belong to you. Requesting them doesn't commit you to any legal action, and having them in hand allows an attorney to properly evaluate your case. Without records, it's nearly impossible to investigate what happened during your surgery.

Can I get a second opinion even if my original surgeon says everything looks fine?

Yes, and in many cases, you should. If your symptoms don't match what you're being told, an independent specialist can provide clarity. It's your right as a patient, and a second opinion may uncover evidence critical to both your medical care and a potential legal claim.

How long do I have to file a lawsuit after a surgical injury?

It depends on your state and the type of claim, but most medical device and malpractice cases have statutes of limitations ranging from one to three years. Some states also have discovery rules that may extend the deadline if you didn't immediately know the injury occurred. Don't wait to find out. Contact Morgan & Morgan as soon as possible.

When is the right time to contact a lawyer?

As soon as you believe something went wrong. You don't need to have all the answers or definitive proof before speaking with an attorney. Morgan & Morgan can evaluate your situation, explain your rights, and help you understand your options at no cost to you.

A surgical injury can upend your life in an instant. You deserve to know what happened, and you deserve to be made whole if someone else's negligence or a defective device caused your suffering. Morgan & Morgan is ready to fight for you. Contact us today for a free case evaluation.