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Should I consult a lawyer for possible medical malpractice?

New York, NY |

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 ?

Attorney Answers 8

Posted

See what the second doctor says and go from there.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.

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Posted

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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4 comments

Asker

Posted

Small rotator tear do to compensation from left shoulder injury. History of shoulder problems from sports. Left shoulder repaired years ago and then reinjured in 2009. Right shoulder was suppose to be the easy fix and we did the surgery on it first. Rt one has only had injections in the past and never surgery until now. Will see new dr and go from there.

Gregory Scott Gennarelli

Gregory Scott Gennarelli

Posted

Good luck. I hope the new ortho can help and that you did your research on who to see. It's probably a tough claim, but see what the new doc says and take it from there. I hope it works out for you.

Asker

Posted

Just looked at mri that dr ordered post surgery. It says "to rule out labral tear". He never even discussed a possible labral tear. The mri did find a labral tear. Why do I feel like something isn't right? I will update here once I see second opinion doctor.

Gregory Scott Gennarelli

Gregory Scott Gennarelli

Posted

Does the MRI report indicate the type of tear? For example a SLAP tear is typically, though not always, traumatic (sudden jerk to the shoulder), though it can also be related to repetitive motion and found incidentally during an arthroscopy. I can only speculate as to what the doctor saw or didn't see during the procedure. It may also be that on checking your range of motion post surgery, he observed symptoms similar to a labral tear which is why he ordered to subsequent MRI. A review of the operative report would be helpful. Hopefully the orthopedist you are going to see for the second opinion can shed some light for you on this issue, as well as the prior surgery, your progonosis, etc. I hope it works out.

Posted

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

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Posted

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

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Posted

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.

The underlying facts for each situation are unique. Any responses given are for informational purposes only and are not designed or intended as professional legal advice, since any suggestions may not apply to your specific circumstance. This information exchange does not create an attorney-client relationship of any kind. Should you determine that you need immediate legal assistance or action , you should contact your local Bar Association for a referral to an attorney in your area.

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Posted

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

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Posted

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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Posted

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.

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