I had a surgery on my elbow a year ago. My symptoms worsened after the surgery. I told the surgeon on several occasions but he would only offer me pain medication, which I refused, and more PT, which wasn't helping my symptoms. After 4 months of this, he denied me any further treatment because he thought I was fine. I was released to full work duty and forced to resign to prevent further damage.
I had a second surgery the other day with a different surgeon who found that my nerve had been severely compressed by a large amount of scar tissue that formed from the previous surgery and possible permanent damage to the nerve.
Since the first surgeon ignored my complaints of symptoms and then denied me care, causing my condition to worsen, does that qualify as malpractice or negligence?
Scarring postoperatively is an inherent risk of any surgery. And conservative (nonsurgical ) management is the norm in such cases of ongoing pain. Hence I’m not certain that the first surgeon can be held accountable for your nerve injury which may or may not be permanent. But all anyone can do on this forum is speculate based upon limited facts. Gather your medical records and consult local counsel for further clarity.
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