QUESTION
Back in 2/12 I has having problems with my right shoulder.
Asked on Jul 26th, 2013 on Medical Malpractice - Oregon
More details to this question:
Back in 2/12 I has having problems with my right shoulder. After Pain med and physical therapy and shots, I was sent to see another Dr. where he order MRI, X-rays, and another shots. MRI showed that I had a tare of the rotor cuff. Surgery was order and in October 2012 I had surgery to fix the problem. After surgery I was told no tare was found. (even the mri showed it). Said he found some spurs and cut some of my bone. I complained that I was still in pain. And was told it take time to heal.. After no real improvement I went to my regular dr. were she order more therapy. This did not help so I was sent to another dr. Were we did another MRI and found the same tare. So on july 9 2013 I had surgery to fix the problems. The tare was significant, plus he found scare tissue.. from 1st surgery. I would like to go after the 1st doctor. Do I have any chance of going after him.
1 ANSWER
Catastrophic Injury Attorney serving Roseland, NJ
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John J. Ratkowitz
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With a positive MRI before and after the surgery, it sounds like you have a pretty solid malpractice claim. The question will be whether the case is financially viable. If the subsequent surgery corrected the problem, you may not have sufficient damages to warrant the time and expense of a malpractice case. The articles below explain this concept in further detail.
If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys. Then, visit each attorney's website and look for a firm that has a record of successful verdicts, ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.
Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.
Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability.
Click here for an article that explains what you can and should expect when pursuing a medical malpractice case.
Click here, here and here for more information about me. Click here for summaries of some of the cases that I have litigated.
Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com Skype: john_ratkowitz Click here for my website.
Answered on Jul 29th, 2013 at 9:17 PM