Can I sue surgeon who failed to put my arm back together and now I have limited use of it and experiencing so much pain?

Question

The surgeon took the pins/staples out of my arm only two weeks after surgery. He did so without anaesthesia or even an aspirin. My arm had open infected wounds for over a month. It is crooked now and noticeably deformed. My arm was broken in at least six places. I am a teacher and I cannot hold a book, turn pages, carry and grasp items.

Ernest Krause · Answer

From what you say you have a case. Find out if you have agreed to go through arbitration. The problem with medical malpractice cases is lawyers want ones with bigger possible payoffs than yours probably has because it is very expensive to do them. Check the internet for attorneys; happy "shopping".

Jeffrey Lapin · Answer

The question you should be asking is not whether you can sue the surgeon but whether if you do sue the surgeon do you have a chance of winning the case.  At its core, to win a malpractice case you must prove that the surgeon did or did not do something that the majority of other surgeons would have done differently. In most cases, you need a surgeon to testify that the your surgeon violate the standard of care for surgeons performing arm surgery as well as the aftercare you received. Just because someone ended up with a bad result does not necessarily mean that the surgeon did something wrong. There are always risks with surgery. However, if your  surgeon did something wrong, which is not a known risk for the type of surgery you were having, then you might have a case. The same applies to whether the surgeon prematurely took our the pins/ staples.  Have you asked the surgeon why your arm is crooked and deformed and why its use is limited? What did he or she say? Some other questions I would have for you is whether you received treatment, such as medication, for the "open infected wounds," and if not, why not. Was the surgeon aware of the wounds?  I cannot answer whether you would be successful in your case against the surgeon without a lot more information and whether another surgeon has stated that your surgeon either did something wrong during the surgery or in your aftercare.  I would suggest you contact a medical malpractice attorney to further discuss your case.

Dennis P. Mikko · Answer

To sue for malpractice you would have to show the care you received was below the acceptable standard of care. This would take the expert opinion of another surgeon. While a bad result may indicate malpractice, it does not always mean malpractice.

Steven A. Schwartz · Answer

If your surgeon used substandard care, you may have a claim for medical malpractice.  I suggest you contact an experienced malpractice attorney. Keep in mind there are time limits on your ability to file a claim, so call asap.

Jerrie Weiss · Answer

You definitely should contact a personal injury attorney in your state.  You have one year from the date you first suspected something wrong so you should contact an attorney as soon as possible.  If you are in Southern California, I would be happy to look at your case.  If not, find an attorney specializing in medical malpractice as soon as possible.  I have handled many cases involving open wounds after ortopaedic surgery.

Richard Damon · Answer

You may have a case of medical malpractice.  Consult another physician and ask if he or she thinks that the surgeon's treatment fell below the standard of care.

Lisa Hurtado McDonnell · Answer

You can sue the doctor, but the question is how your arm got broke in the first place.  Was someone liable or the initial accident and it that the reason why?

Ronald A. Steinberg · Answer

When a person sues a doctor/nurse/healthcare professional claiming malpractice, the person has the burden of proving all of the following things:  1)      That the healthcare professional had a professional relationship with the claimant,  2)      That the healthcare professional did something that should not have been done, or failed to do something that should have been done,  3)      That what was done (or not done) constituted a "deviation from the standard of practice in the same or similar communities,"  4)      That an injury was sustained,  5)      And that the action (or failure to act) was a direct cause of the injury.  Now when someone becomes ill or injured, that illness or injury has a natural progression that it will follow.  So if the person does not get timely help, it will either get worse, or it will get better, with no intervention by anyone.  So if the injured/ill person seeks timely help, then if proper care is given, the illness or injury will get better, get worse, or will stay the same.  If the healthcare professional's care results in something that should not have occurred, that may very well constitute malpractice.  So, having a bad result does NOT prove that the doctor made a mistake.  As the Plaintiff (the person bringing the claim), you have the burden of producing competent medical testimony to establish that the doctor failed to achieve the "standard of practice," and that the failure was a direct cause of your problem.  If you fail to produce that testimony, you will lose.  So, you need to consult with an experienced medical malpractice attorney.  In Michigan, failing to file suit within 2 years of the date on which the malpractice occurred will result in your case being barred by the Statute of Limitations.

James Osak · Answer

You have to PROVE medical malpractice. It's tough to do and very costly!

Robert Lucky · Answer

You may be able to file a complaint; however, I would recommend that you see another doctor first. You need to see if it was in fact this doctor who did this or if your arm would have been this way no matter who did the procedure. Once you have discussed this with another doctor, please feel free to contact my office.

Irving Blank · Answer

Only if you have another Dr.put in writing that the Dr. you want to sue committed mal practice.

Paul Whitfield · Answer

The question is a medical question. You must find a doctor who will review your medical chart and say that there is malpractice involved na bad result is not neccessarily malpractice.

Mark Leonardo · Answer

You need to meet with a medical malpractice attorney and get a free consultation.  The medical records need to be reviewed by an expert surgeon to ascertain whether your surgeon's performance fell below the applicable standard of care.  The statute of limitations is one year from the date of the surgery (generally speaking).  So do not delay in consulting with an attorney.

David Stoddard · Answer

You would need a doctor willing to testify that the surgeon was negligent and that your arm is worse off because of the negligence.  I am assuming the doctor did not break your arm, but that it happened in some other accident. If that is the case, you cannot sue the doctor for your arm being broken, only for any further impairment caused by his negligence, if there was negligence.

Andrew Velonis · Answer

In order to prove a medical malpractice case, a claimant must prove a failure to conform to accepted practice, resulting in an injury. A bad result is not enough, and if it is a "judgment call" by the doctor, there is no malpractice, even if the doctor made the wrong call.  Obviously, you had a very severe injury to start with.  It would be difficult to prove that, had the surgeon done this differently, the results would have been better.

Jared Altman · Answer

You need to get to a medical Malpractice attorney right away.

Bernard Huff · Answer

You should at least consult with a plaintiff's lawyer who handles medical  malpractice cases for specific legal advice and assistance with your medical problems.

James Kelaher · Answer

Bringing a claim against a health care provider is a major undertaking and far beyond the ability of some attorneys, much less laypersons. Consult with a qualified attorney who handles medical malpractice cases; ask around, and just don't call an attorney who you see advertise on television.

Thomas Bulman · Answer

If it happened in Montana and you are within the 3 year statute of limitation, you can sue after you take the claim to the Medical Legal Panel.  How did you break the arm?

Maurice Abarr · Answer

If you now have, or can procure in the future, a medical doctor with the same specialty as the surgeon who operated on you who will testify that the surgeon violated the standard of care for treatment of your condition you can sue for medical malpractice.  However, time limits apply and you must consult with a lawyer to determine the time limit applicable to your situation.

Steven Urban · Answer

Based on the facts you've stated, I can't see any reason why you wouldn't have a cause of action against that person.

Michael Heilmann · Answer

It sounds like you had a terrible break and I am not sure if anyone could have fixed it. In general,you may sue a surgeon if the care was not reasonable. A bad result is not enough.

Ronald Lowry · Answer

You need to have your case evaluated by an experienced attorney ASAP. He will need to look at the medical records and possibly have another doctor look at x-rays, etc. before being able to tell you whether you have a winnable case or not. If you do not know whom to contact call me and I will get you to the best such attorney where you live.

Michael Yurasov-Lichtenberg · Answer

On the information you provided, it sounds as a case of medical malpractice (and, possibly, more). If all this happened less than 2.5 years ago, you should be able to sue. In any event, consult an attorney as soon as you can: aside from other considerations, if a municipal hospital was involved, certain steps have to be taken within 90 days.

Jason P. Kutulakis · Answer

You should consult with and retain an attorney. In PA, in order to perfect a suit against this doctor, you will need a written opinion from a "like licensed" surgeon who opines that the doctor deviated from the normal standard of medical care AND that the harm/damages you are experiencing is directly related to that deviation.

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Can I sue surgeon who failed to put my arm back together and now I have limited use of it and experiencing so much pain?

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