Your question is a little thin on the facts, but I think overall, even if the first doctor's failure to diagnose and treat the nerve injury was negligent, the big question is whether the case is financially viable. Presumably the second physician believes that surgery may help you. If it does, the case might not be worth prosecuting. Articles linked below discuss this in more detail. I would deal with the medical issue, and when the dust settles if you are left with permanent problems, consult a lawyer then. Figure out when the statute of limitations bars a suit, and make sure you consult a lawyer well before then.
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 Click here for my website.
Answered on Oct 24th, 2013 at 10:28 AM