Asked 4 months ago - Sarasota, FL
FlagI 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.
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.
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.
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.
Don't speak legalese? We define thousands of terms in plain English.
Browse our legal dictionary
