Surgeon ignored treatable pathology responsible for pre-op symptoms

Asked over 1 year ago - Bellingham, WA

I had surgery to address shoulder pain and instability. The pre-op MRI shows multiple areas of pathology that were not reported by the performing radiologist. He did the surgery and corrected the pathology reported on the MRI report, but ignored multiple area's of pathology that we easily visible and reponsible for my symptoms. He left the damage alone, stitched me up and sent me home. He reported on the op report that there were no other injuries but noted minor DJD. Post op he told me that everything looked normal for my age and that I had nothing to worry about. My symptoms remian and I have another decorated surgeon recommending additional surgery to correct what the other guy ignored. Is this a case of negligence? Do have a basis for a complaint if the shoulder is in worse shape now?

Attorney answers (4)

  1. Elizabeth Taylor Herd

    Pro

    Contributor Level 19

    8

    Lawyers agree

    Answered . I suggest that you take care of your shoulder first and obtain copies of your records later. If the new surgeon can get you to where you should have been your damages may be limited enough that it will cost more to pursue a claim than you could recover. However, if you have residual problems that an expert relates to the first surgery or delay you may have a viable claim. Contact a local lawyer.

  2. Matthew C Simon

    Pro

    Contributor Level 18

    5

    Lawyers agree

    Answered . Generally, medical malpractice cases are difficult to prove. Get copies of you medical records and bring them to a local personal injury attorney who handles medical malpractice cases. Only an expert can tell if you have a case or not. Good luck.

    The above is general information only and is not legal advice. The information provided does not form an attorney-... more
  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . A tough road to hoe. I've had 6 shoulder surgeries, and my shoulders seem to be worse after every surgery, and the repairs don't last. Have a local med mal lawyer review the MRI and records.

  4. Josh P Tolin

    Contributor Level 19

    4

    Lawyers agree

    Answered . Unfortunately, many people need repeat surgery and it does not mean the doctor did anything wrong. The last attorney is absolutely correct, by indicating that taking care of your shoulder and health is first priority. More than likely, unless your new surgeon comes out, and says the first surgeon screwed up, which is very unlikely, you will have a very difficult case. Best case scenario is that follow-up surgeon is able to fix problem and you have no permanent injury. To have a local malpractice attorney be interested in your case, there usually needs to be a permanent injury to justify the time, costs, and expenses in these types of cases.

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