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Issues with a surgery, what should I do to protect my future health?

Richmond, VA |

Had a hernia surgery 14 days ago, (Workers Comp injury). Immediately afterwards in the recovery room I had pins and needles in my fingers and electrical shock type surges up and down my arms. I was sent to a neurosurgeon who said I had suffered a Brachial Plexus injury during the surgery.
I also picked up a C Diff infection, from the antibiotic administered (What I am being told anyway) during surgery and the surgeon has prescribed other antibiotics for that.
The neurosurgeon is taking a wait and see approach on the Brachial Plexus injury before ordering any further tests or remedies. However, its been two weeks and its not getting any better. I cannot use my little or ring fingers to their full capacity.

What should I do ? Do I have any recourse ?

Attorney Answers 4


These surgical/hospital injuries will probably become part of your workers' comp claim. You may also want to talk to a medical malpractice lawyer in a few weeks if these situations do not clear up by then. Good luck to you.

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I have seen inguinal hernias, umbilical hernias, hiatal hernias, and even ventral hernias. I have never seen a shoulder hernia. You will somehow have to make a connection between your brachial plexus injury and your hernia surgery, which may be hard because you were unconscious.

We give free general concepts to be helpful, but you should give ALL your facts to a licensed Attorney in your state before you RELY upon any legal advice.

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The neurosurgeon stated that the Brachial Plexus injury was due to being in the crucifix position during the actual surgery.


If the surgery caused the Brachial Plexus injury, that will be covered by workers' compensation. You may also have a medical negligence claim for that injury but it will be subject to a workers' compensation lien. You need to consult a qualified Virginia attorney as soon as possible.

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Feel free to contact me. My firm handles Virginia Workers' Comp and Medical Malpractice claims.

This answer does not create an attorney-client relationship. It provides general information, but you should consult an attorney who can assess all of the particular circumstances and facts of your case.

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