You should. The issue is not if you have been damaged, but is the damage sufficient enough to warrant a lawsuit. An experienced med mal attorney should be able to help you.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.
I do suggest you seek legal advice. Your medical records need to be obtained, whether by you or an attorney so that they can see what happened during surgery to have caused crush injury. A crush injury is a significant injury and likely could not be caused inadvertently. Feel free to contact my office to set up an appointment to discuss your case in more detail.
You should consult an experienced medical malpractice attorney. Generally, the operating room staff should make sure that you are properly positioned to avoid any nerve type injuries to your extremeties. Although the facts of your case will ultimately determine whether there was a deviation in the standard of care, this is a matter worth having an experienced attorney review. Most medical malpractice lawyers provide free case reviews.
Based on the information you have provided, it would be best to consult a competent board certified attorney to investigate this incident and pursue it if possible. Please keep in mind that the anesthesiologist is one of the personnel who is charged with the duty to assure proper patient positioning during surgery. You will have a time deadline to file suit in FL so please contact a local attorney as soon as possible to protect your rights in this matter. Good luck to you and your family.
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