QUESTION
Can I get a settlement from my doctor who says I have no impairment after shoulder surgery?
Asked on Aug 28th, 2011 on Personal Injury - Florida
More details to this question:
My doctor says I have no impairment after shoulder surgeries and I now have screws in my shoulder. I believe I have an impairment. Will I be able to get a settlement with my doctor saying that I have no permanent impairment after having 2 shoulder surgeries and screws put in my shoulder can someone please let me know something?
18 ANSWERS
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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Yes. You have a permanent injury.
Answered on Jun 09th, 2013 at 7:55 PM
Alternate Dispute Resolution Attorney serving Edmond, OK
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Woska Law Firm, PLLC
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It is a disturbing truth but the majority of taxpaying American voters who vow that they want limitations and accountability by corporations have not yet figured out tort reform does not limit the lawyer’s compensation, it limits the taxpaying worker's rights when harmed. You conservatives continue to over and over vote in favour of tort reform measures never realizing you are helping the rich by limiting their financial responsibility for harming you. Doctors are normally intelligent, caring and determined. Only a few bad doctors seem to expose all doctors to public scrutiny. Well, not true. Jurors here are hard pressed to find a medical doctor liable for malpractice without some very strong proof of deception.
Answered on Sep 02nd, 2011 at 11:17 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Your doctor says you have no impairment; you would have to have another doctor who says you do. You had some sort of problem that you needed the surgery for. There is no guarantee that the surgery would fix the problem 100%. You would have to show that the surgeon deviated from accepted medical practice, which resulted in the impairment.
Answered on Aug 31st, 2011 at 11:05 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Impairment ratings are based on written rules from the American Medical Assoc. so your doctor must follow those rules. Having two screws doesn't matter if your shoulder has full range of motion and testable strength. Discomfort and minor pain usually don't count for any points unless it is morphine type pain. Getting a second opinion will generally cost more in doctor fees than you might gain in comp benefits.
Answered on Aug 30th, 2011 at 2:19 PM
Automobile Accidents Attorney serving Portland, OR
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The Law Office of Josh Lamborn, P.C.
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Medical malpractice cases are extremely complicated. Whether your doctor was negligent will depend on what he and other medical professionals think about your condition and the surgical corrections the doctor employed. If you feel that you are still having problems with your shoulder the first thing you should do is get a second opinion. This is true whether or not you want to sue your doctor; it just makes good sense from a health standpoint. After you get at least one other opinion you should consult with a personal injury attorney who specializes in medical malpractice. As I said these lawsuits can be extremely complicated and very expensive. Be sure you do this sooner rather than later, if you wait too long you may lose your right to sue because of the statute of limitations.
Answered on Aug 30th, 2011 at 2:08 PM
Personal Injury Attorney serving Portland, OR
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Law Offices of Thomas Patton
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The existence of screws in your shoulder is unlikely to constitute an impairment in itself. Rather, an impairment would be limited range of motion, reduced strength, or some other physical limitation that exists now after the surgical repair.
Answered on Aug 30th, 2011 at 1:44 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Your question is too vague for me to answer. When you say a settlement "from your doctor" do you want to bring a claim against your doctor? If you have been told you cannot get money for your auto accident because you do not have a permanent impairment, you need to know that "significant and permanent scarring" also qualifies you to meet the no-fault threshold for a recovery.
Answered on Aug 30th, 2011 at 1:17 PM
Personal Injury Attorney serving Missoula, MT
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Judnich Law Office
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You will likely need another opinion that says you are impaired from a different doctor for any such settlement.
Answered on Aug 30th, 2011 at 12:17 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Are you sure of your doctors position? The. 2 surgeries left scar tissue and with the added metal you have some permanent disability for sure.
Answered on Aug 30th, 2011 at 12:14 PM
You should consult with or retain a medical malpractice or plaintiff's personal injury attorney for legal representation.
Answered on Aug 30th, 2011 at 11:37 AM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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It sounds like you need a second opinion before you even start considering litigation. If you have had major shoulder surgery your range of motion will be limited to some degree no matter what. It is difficult to understand what you are claiming against the doctor here. His work has to be below the standard of care when he did the surgery to be liable for medical malpractice. Thus, some other expert doctor must opine that your doctors performance was below the standard of car and resulted in your impairment. If you want to explore this further, speak to a medical malpractice attorney.
Answered on Aug 30th, 2011 at 8:31 AM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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You need to consult your attorney regarding this. If you do not have an attorney, it is best that you consult with my office or another attorney as soon as possible. Without having additional information regarding your case and your medical history and treatment to date, it is almost impossible to answer the question you have posted. Thanks for your inquiry. Look forward to hearing from you.
Answered on Aug 30th, 2011 at 7:19 AM
Personal Injury Attorney serving Omaha, NE
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Chandler Conway, P.C., L.L.O.
With an injury that serious you should definitely speak to an injury lawyer before negotiating with the insurance company. I would need to see your medical records, but I find it hard to believe that your doctor would not give you an impairment rating after two shoulder surgeries. That seems very odd.
Answered on Aug 30th, 2011 at 7:11 AM
Civil Practice Attorney serving Redmond, WA
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Magnuson Lowell P.S.
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Yes. You can still get a settlement. Failure to have a rated impairment does not mean you can't settle your case. Additionally, someone who is - perhaps - better qualified to give an impairment rating might disagree. It's important to work with a personal injury attorney to assist you with these matters.
Answered on Aug 30th, 2011 at 6:02 AM
Truck Accidents Attorney serving Indianapolis, IN
Partner at
Craig, Kelley and Faultless LLC
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You are not entitled to money from your doctor just because he says you do not have an impairment. He may be wrong but that does not mean he has to pay you. You can always get a second opinion from a different doctor.
Answered on Aug 30th, 2011 at 5:55 AM
Personal Injury Attorney serving Marietta, GA
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Law Office of Ronald Arthur Lowry
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If you have had surgery with instrumentation you absolutely have an impairment rating of some amount. Go to a different doctor.
Answered on Aug 30th, 2011 at 5:24 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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I don't understand your question. Can you get a settlement from who? The doctor for botched surgeries? The person who injured you originally? Who do you want to or have you already made a claim against and for what?
Answered on Aug 30th, 2011 at 5:14 AM
Workers Compensation Attorney serving West Palm Beach, FL
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You should go see another doctor who will give u the impairment you need. You probably won't be able to sue your doctor.
Answered on Aug 30th, 2011 at 5:12 AM