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Is this malpractice, negligence or nothing ?

Sarasota, FL |

I had an MRI done that showed multiple tears to the rotator. Had the repair surgery 2011. Within a year I was in pain again. Same shoulder. MRI was again done and showed 1 of the previously noted tears! Nothing was saying it was a re-tear or one previously repaired. Should this not have been repaired the first time? I now have winging shoulder, atrophy of the long thoracic nerve as well as an atrophied muscle. 1st surgery was in Sept 2011 2nd surgery also Sept 2012.

rotator cuff tendinopathy with partial tears of supraspinatus and subscapular tendons. Part of the first MRI impression. MR arthogram revealed a partial thickness tear of the supraspinatus 2 cm by 1cm. Part of the second MRI result. Just to help clarify.

Attorney Answers 8


  1. Medical malpractice is just another way to say medical negligence. Based on the very limited facts that you have posted, it seems that you may have a case. I would consult with a medical malpractice attorney in you area to review your medical records to determine the strength of your potential case. Best of luck.

    I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.


  2. You will need to get the medical records and have them reviewed to determine if you have a case for medical malpractice. You have to establish the doctor was negligent and breached the standard of care for similar doctors treating the same injury, you then need to establish that there was a clear connection or causation between the doctor's neglect and your present injuries.

    More facts are needed but you may have a claim, I recommend that you consult with a local medical malpractice attorney, which you can find on AVVO.

    Good luck.

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  3. The only way to know if you have a case is to have a medical malpractice attorney order your medical records and have them reviewed by an expert. Good luck.

    My answer to your question does not create an attorney-client relationship.


  4. The orthopod most likely debrided and repaired it the best he could, and a lawsuit would likely cost thousands more than could be recovered, however, get a local med mal lawyer to send your records to an expert to review to ascertain whether there was a breach of the standard of care. Good luck.

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  5. We have reviewed this type of claim on many occasions. All of your records will need to be reviewed in order to understand the causal relationship between your current condition and the alleged failure of the first surgery.


  6. I am sorry you have undergone this experience. Your potential case merits further investigation. You should contact an experienced medical malpractice attorney in your area, who will obtain your records and have them reviewed by the appropriate specialist.


  7. From your question there is no way to determine whether the original doctor did not repair the injury, or repaired it properly. The fact that you have a recurring injury does not mean that the doctor who did the repair originally was guilty of negligence. (Which in this context is the same as "malpractice").

    The only way to make this determination is to have your records reviewed by another doctor in the same field.

    But I would suspect that even if the original doctor was negligent that your damages will not be large enough to justify a medical malpractice lawsuit.

    This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client relationship is intended to be formed. You may call me 772-562-4570; email me vblawyer@bellsouth.net, or visit my website http://www.millerlawoffices.us

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