QUESTION

Do I have a case?

Asked on Feb 09th, 2016 on Medical Malpractice - New York
More details to this question:
I was seen by an orthopedist who ordered an MRI of my wrist and found a cyst inside my scaphoid bone. He was certain the cyst was causing the pain in my wrist and suggested operating and implanting a screw. He did not explain the risks of surgery to me, although his chart claims he did. 5 months after surgery I continued to have pain. He ordered a CT scan and said the cyst was persistent and that he MAY need to go back in surgically to move the screw. He gave me a cortisone shot to see if it helped with my pain. I ended up getting a 2nd opinion and it turns out the first surgery was not necessary as cysts in the scaphoid bone are common and my pain was coming from the tendons. He checked my MRI, CT scans and took his own X-Rays and told me that the implanted screw was protruding from my bone and would need to be removed as soon as possible to prevent further injuries to my joints and tendons. He would also perform a tendon release to help relieve my pain. There's more...
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1 ANSWER

Catastrophic Injury Attorney serving Roseland, NJ at John J. Ratkowitz
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I do not think it is a foregone conclusion that a cyst in the scaphoid bone was a non-operative condition. The literature on the subject suggests otherwise. Screw protrusion can happen in the absence of negligence. Finally, if the second surgery fixes all of these problems, there will be a question about whether the case is financially viable. If you want to investigate a 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.  Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, for more information about me.   Please understand that by answering your question in this informal forum I am not acting as your attorney. I am not doing anything to protect any legal rights that you have.  Medical malpractice cases need to be thoroughly investigated and to know whether you have a viable case, an attorney usually has to obtain and review all of the pertinent medical records and consult an expert.  John Ratkowitz, Esq. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com.  Click here for my website.   
Answered on Feb 09th, 2016 at 12:40 PM

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