What to do if I got injured at a high school football camp back 3 years ago and have had 2 unsuccessful surgeries?

I ended up tearing my labrum in my left shoulder. I went into surgery that summer. During the surgery the doctors found out that my rotator cuff was also torn, so they had to do an emergency procedure on my rotator cuff. After the surgery, I followed all of the doctor’s orders, went to physical therapy, etc. I then went for a check-up a couple of months later but nothing improved. I ended up going into a second surgery. This time the second seemed to be successful; I again followed all the doctors orders, went to physical therapy, etc. However, when my check-up came, there was still no progress in my shoulder. To this day it is still in pain. Is there anything that I can do?

Asked on April 28, 2013 under Personal Injury, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

IF the medical care you received was substandard or careless, you may have a malpractice claim against one or more of the medical care providers. The fact that you had a bad outcome, however, does not by itself prove that there was malpractice: sometimes doctors do everything right and the patient still does not improve. There must be a problem with the care to be malpractice. To explore whether you have a potential claim, consult with a malpractice attorney; do so quickly, since there are fairly short time limits on bringing a malpractice claim, and if you wait too long, you will be barred by the "statute of limitations."

You could almost certainly not bring a claim against the football camp: an injury like this is a fairly common risk of football, and people are held to have "assumed the risk" (and be unable to sue for) the common injuries of sports they voluntarily participate in.


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