CanI sue ifI had surgery over 10 months ago and my arm is worst then before the surgery?

I had my third surgery on my left arm (dominate). Ihad a little arm pain before the surgery but my bone was breaking my TFCC so I had to get the surgery. Now I can’t rotate my arm palm down completely. Ihave been unable to look for a job (went to school for web design and biotech) because my hand and arm hurts when I type or pick things up. My arm keeps swelling up and getting numb. I have been diagnosed with golfer’s elbow. Also, where the surgery was done on my TFCC, the pain is worse. My fingers get stiff all the time. I am going in for other surgery soon.

Asked on October 18, 2011 under Malpractice Law, Massachusetts


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It would be advisable to obtain your medical records including medical reports and get an opinion from another doctor as well as an exam to determine whether or not you have a malpractice case.

If the doctor's opinion supports a malpractice claim, your claim will include your medical bills, medical reports and documentation of wage loss.  Compensation for the medical bills is straight reimbursement, compensation for wage loss is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills.  It may be difficult to establish wage loss since you are unable to work at this time due to your injury.

Prior to filing a lawsuit for negligence (medical malpractice is negligence) against the surgeon, it may be possible to settle the case with the surgeon's malpractice insurance carrier.  If you are dissatisfied with settlement offers from the insurance carrier, reject the settlement offers and file your lawsuit.    If the case is settled with the insurance carrier, NO lawsuit is filed.  If the case is NOT settled with the insurance carrier, you will need to file your lawsuit prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

Negligence is based on the failure to exercise due care (that degree of care in this case a reasonable doctor in the community would have exercised under the same or similar circumstances to prevent foreseeable harm). 

It would be advisable to speak with a medical malpractice attorney.

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