Should I consult a lawyer for possible medical malpractice?

I had shoulder surgery in June 2012 in NY . Was arthroscopic procedure called decompression . It hasn't healed . Had a new MRI done and it shows a small labial tear . I am not sure if it was present before or not because my previous mi's did not have contrast . Not sure if the rd should of seen the tear during my surgery either , or if it's possible the rd caused the tear . I have no idea . I just know I am still in a lot of pain and it's frustrating to have a new tear . I also have a problem with the number of cortisone injections he is giving me . He's given me about 4 or 5 within a year in the same shoulder . I am going to see a new rd for 2nd opinion . Should I consult with a lawyer also ?

New York, NY -

Attorney Answers (8)

Eric Edward Rothstein

Eric Edward Rothstein

Personal Injury Lawyer - New York, NY
Answered

See what the second doctor says and go from there.

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Alfred Charles Laub

Alfred Charles Laub

Medical Malpractice Attorney - White Plains, NY
Answered

First of all, be aware that the statute of limitations in medical malpractice cases is 2.5 years. you have plenty of time to consult with an attorney. Your primary objective should be to find a competent orthopedist. With that said, tears are often missed on films, especially when no contrast is being used. The cortisone issue should also be promptly addressed, as it can impact on the healing process.

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Jayson Lutzky

Jayson Lutzky

Personal Injury Lawyer - Bronx, NY
Answered

Consult with a medical malpractice attorney and bring along any paperwork that you have.

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Gregory Scott Gennarelli

Gregory Scott Gennarelli

Medical Malpractice Attorney - New York, NY
Answered

It never hurts to consult with a lawyer to take a look at your records. What was the underlying injury to your shoulder that required the decompression in the first place? (It sounds like you probably had an issue with the rotator cuff.) How old are you? Have you been active in sports with a lot of overhead repetitive motion (I.e. tennis, baseball, etc.). ? Do you have a history of dislocations? There are a lot of factors that come into play and hopefully the second opinion will provide some clarity. Good luck.

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Scott Douglas Camassar

Scott Douglas Camassar

Medical Malpractice Attorney - North Stonington, CT
Answered

These are hard cases. A consult with a malpractice lawyer can't hurt, but he or she will want to know what the 2nd opinion doc thought. Good luck

Christian K. Lassen II

Christian K. Lassen II

Medical Malpractice Attorney - Philadelphia, PA
Answered

A second opinion would be good, and an MRI with contrast would be helpful for a lawyer.

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Joseph Gerard Dell

Joseph Gerard Dell

Personal Injury Lawyer - Garden City, NY
Answered

Yes. You should consult a malpractice attorney. You need to get all of your prior records an films as well as the video of the arthroscopy if available. The biggest issue will be whether you need a new surgery or not. If you don't need a surgery them the level of damages is not sufficient to warrant litigation.

Marcos Antonio Gonzalez-Balboa

Marcos Antonio Gonzalez-Balboa

Medical Malpractice Attorney - Miami Lakes, FL
Answered

you absolutely need an attorney and a 2d opinion, the atty who takes your case may want their own doctor to examine you, move quickly as statute can run as early as 2 yrs from the time of the malpractice.

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