QUESTION

I.had surgery back in January on my left shoulder they fixed the bicep tendon. I kept telling the Dr there was something wrong

Asked on Sep 07th, 2012 on Medical Malpractice - Pennsylvania
More details to this question:
I had over 2 inches of swelling in the arm. The Dr said he didn't understand y I had ask him if it could b from the screw that they put in and he said no. 2 months later after I ask for a second opinion he sends me for a MRI and fines out that my body is rejecting the screw. So I have it removed and they took a cultural and find out there is now a bacterial infection in there the name of it is serratia. I had to get a picc iv put on my arm and now have to give myself antibiotics for the next 4-6 weeks . Is there anything I can do about this ? I feel someone should be held accountable for this. This bacteria isn't usually found in ur arm muscles. It is found in a uti or respiratory infection. I get sick every time I have to do the medicine. Please let me no if yheres anything I can do about this. I feel if the Dr would have done the MRI when I ask about about the screw it might not have gotten to this point.
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1 ANSWER

Catastrophic Injury Attorney serving Roseland, NJ at John J. Ratkowitz
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Post-op infection cases are difficult because in many circumstances, the infection is an accepted complication of the procedure because infections can occur even in the absence of negligence. If there is a case, it is usually because the attending physician failed to respond in a timely fashion to mitigate the damages caused by the infection.  While your facts suggest that the doctor could have caught the infection sooner, if the antibiotics cure the problem in my view you do not have a financially viable case. Another attorney might think differently, because the issue of financial viability is a judgment call and lawyers have different standards for making this decision.  If you want to investigate a case further, 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.  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 for more information about me. Click here for more information about my firm. 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 Sep 08th, 2012 at 11:05 AM

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