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Do I have a med malpractice case? Failed shoulder surgery & improper diagnoses leads to irreparable damage and surgical repair

Arlington, TX |

I had shoulder surgery June 28 2012. Dr K planned to repair a nerve entrapment but instead fixed a labral tear. A week after surgery I began experiencing intense pain and a popping sensation. Informed dr K multiple times, K did 1 x-ray & said it could be arthritis or a suture. I released from his care around Dec 2012. After increasing pain, I visited him in Feb 2013. He gave me a cortisone injection & sent me for MRI. K diagnosed me w/labral tear. I had a second doctor review the MRI he found 1 of the anchors had come loose and tore all of the cartilage off part of the bone also began dev of arthritis. This is irreparable and the will only continue to worsen. I need the anchor surgically removed and any other damage repaired. Female, age 23.

Attorney Answers 4

  1. There is a 30% re-tear rate, in fact, my rotator cuff was repaired twice and has re-torn twice, and it's not pleasant with the constant sharp pain, but not necessarily malpractice. However, a local med mal lawyer can order your records to review.

  2. Consult a medical malpractice attorney to review your medical records and advise you.

    Call for a free consultation at 727-937-1400 or visit us on the Web at

  3. This is a very painful injury and a very painful surgery even under the best of conditions. The failure rate is high. The follow up care, or lack of it, may be where your claim would be. Contact a llawyer in your area who does medical malpractice work

  4. I suggest that you consult an Arlington or Fort Worth plaintiffs' lawyer who is certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. A link to the Board's website appears below. Medical malpractice is a sub-specialty of personal injury trial.

    Good luck.

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