QUESTION

I had reconstructive surgery on my left hand pinky finger. Prior to the surgery I was able to close my hand to a fist and bend my middle knucles.

Asked on Feb 01st, 2013 on Medical Malpractice - New Jersey
More details to this question:
I've had two surgeries already to the same pinky due to my joint not bending. The first surgery was done in February 2012 with hardware. The second surgery was done in September of 2012. The hardware was removed because the surgeon stated that the hardware was preventing my pinky from bending.Now she wants to do a third surgery with not guarantee that my pinky will be able to bend. I don't want to have a third surgery. I went in for reconstructive surgery of my pinky and come out worse than what it was. My pinky is completely stuck. I've gone through therapy as my surgeon requested both times and no improvement. She tells me to stop going to therapy and have a third surgery.I can not express enough how painful and tortuous it has been. It has affected my work. I'm limited as far as carrying certain things and my house work. I'm constantly banging it because it doesn't bend. If there's any way that i can forward you a picture to better understand please let me know. Do I have a case?
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1 ANSWER

Catastrophic Injury Attorney serving Roseland, NJ at John J. Ratkowitz
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The outcome was not what you expected, so you certainly have rason to be suspicious. To know whether you have a cause of action, an attorney would really have to look at the medical records and perhaps even submit the pertinent radiographic films to an expert. Even if there is a case, the next question is whether the case is economically viable. Part of the answer to that question is going to rest on whether the condition that you are in now is able to be remedies with additional surgery. 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. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. 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 Web: www.starrgern.com.
Answered on Feb 01st, 2013 at 3:25 PM

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