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Is it negligence if the doctor performing a rotator cuff surgery with possible bicep tendon tear does not repair the bicep tendon in the surgery , and has to repair bicep tendon after 6 months of recovery on rotator cuff surgery?
18 ANSWERS
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Don't know. This is a doctor call, may or may not. Basic question is are you OK now? If so what are you intending to do, fuss about the bill? Help me here. do you have a doctor who takes your position or are you just shooting at the doctor because of the charges? In short what is the real problem? Bad work? High bill?
Answered on Jul 08th, 2013 at 1:57 AM
Personal Injury Attorney serving Spanish Fork, UT
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Utah Legal Team
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You will need to get an expert to prove your case. In my jurisdiction, your question could only be answered by an expert.
Answered on Jul 08th, 2013 at 1:57 AM
Personal Injury Attorney serving Richmond, VA
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Blank & Marcus, LLC
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Only if you have a doctor who will testify for you.
Answered on Jun 20th, 2013 at 1:42 AM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Yes, quite possibly.
Answered on May 30th, 2013 at 9:47 PM
Defective and Dangerous Products Attorney serving Middleton, WI
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Atterbury, Kammer, S.C.
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Only a doctor can say whether this was negligence.
Answered on Jan 30th, 2012 at 4:40 PM
Appellate Practice Attorney serving Bloomfield Hills, MI
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Law Office of William L. Spern
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In Michigan, you can sue within two years of the alleged negligence or within six months of when you knew or should of knew of the malpractice. You may not find an attorney in Michigan to file a suit if you monetary injuries are not large as pain & suffering are limited.
Answered on Jan 27th, 2012 at 8:51 PM
Products Liability Attorney serving Durango, CO
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Law Offices of Richard Copeland, LLC
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There is no way to evaluate your potential claim without knowing more about it. There may have been a reason for deferring the bicep tendon repair. It is simply impossible to tell without more information whether or not the doctor did anything that could be considered medical negligence.
Answered on Jan 27th, 2012 at 1:38 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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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. So, you have to prove what it was that the doctor did wrong, and that his failure was a departure from accepted medical practice, and that his failure caused you some damage, e.g., made your injury worse. Rotator cuff repair is a tricky business. It is a complex joint and sometimes the doctor can't tell exactly what's wrong until he gets in there. You may have a case, but you will have to get all of your medical records, take them to a lawyer who is experienced in medical malpractice, and that lawyer will have to have the records reviewed by an orthopedic surgeon in order to determine whether you have a case.
Answered on Jan 27th, 2012 at 11:31 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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You actually have to run that by another orthopedic surgeon.
Answered on Jan 27th, 2012 at 11:19 AM
A bad result does not equate to professional negligence. Sorry, no.
Answered on Jan 27th, 2012 at 11:15 AM
Workers Compensation Law Attorney serving Sacramento, CA
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Ernest Krause Attorney at Law
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Perhaps you have a prima facie case of negligence. As a practical matter, what are your damages? Doctors can make their insurance companies fight the case totally and to the end. Don't expect any settlement offer. You need an expert witness or two to talk about the doctor's performance. Can you find a competent attorney? I doubt it.
Answered on Jan 27th, 2012 at 10:59 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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You need expert proof before you can successfully sue any healthcare provider.
Answered on Jan 27th, 2012 at 10:05 AM
Doctors have a duty to treat patients in accordance with the standard of medical care. When a doctor breaches the standard of care there is medical malpractice. To sue for medical malpractice one must be able to demonstrate a harm directly (proximately) arising from the malpractice. Determining the standard of medical care is often a major hurdle in a malpractice case. You should consult with a personal injury attorney who handles medical malpractice cases to evaluate your situation and determine if you have a cause of action.
Answered on Jan 26th, 2012 at 6:53 PM
Personal Injury Attorney serving Gainesville, FL
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Lawrence J. Marraffino, PA
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Before you can make a malpractice claim in Florida, you have to get the opinion of another doctor of the same specialty that the doctor who operated on you did not meet the standard of care in treating you. An attorney can assist you in obtaining this opinion.
Answered on Jan 26th, 2012 at 6:16 PM
Consumer Law Attorney serving Denver, CO
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Chalat Hatten & Banker PC
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We caution all potential clients that medical malpractice claims are very difficult to win - few settle and those that are tried are won by the doctor 9 out of 10 times. Those cases which have the best chance for a good outcome for the plaintiff are those where a clear act of negligence, or omission of appropriate care, are clearly apparent in the medical record. You need to have your medical records reviewed by a physician with the same area of specialization, presumably orthopedics, to determine whether medical malpractice occurred. In Colorado you must have this review performed prior to filing a lawsuit for medical malpractice. Since the surgeon chose to forego repair of the tendon until after the healing of the repair of the rotator cuff, I suspect most surgeons will consider this a judgment call and not negligence. There is a two year statute of limitations in Colorado for filing a medical malpractice claim, you must file within two years of the act of negligence or lose your right to do so. Other time limitations may apply.
Answered on Jan 26th, 2012 at 6:16 PM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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It is necessary in michigan to have expert support for your opinion. The doctor will say that it was a question of judgement rather than negligence. Assuming that you have no worse outcome it is unlikely that you will get any money in this case. Good luck in your recovery.
Answered on Jan 26th, 2012 at 6:16 PM
Personal Injury -- Plaintiff Attorney serving Cleveland, OH
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Mishkind Law Firm, Co., L.P.A.
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In order to sue the orthopedic surgeon for medical negligence you must prove through expert testimony that the doctor breached the standard of care and that his breach was a proximate cause of injury. In your case, a careful review of the medical records and the operative report would have to take place to determine if there was a reasonable explanation for him not repairing the bicep tendon at the time of the rotator cuff surgery. There are a number of potential explanations for why he did not repair the tear at the time of your surgery so these issues would need to be analyzed. Even assuming that he was negligent in not repairing the bicep tendon at the time of your original surgery, you and your attorney would have to carefully evaluate what harms and loses you have sustained by virtue of having to have a second surgery to repair the tendon. It may be that the second surgery is successful and you recover fine without any ongoing problems and in that case the damages that you could recover by virtue of having to have a second surgery may be insufficient to justify suing the doctor. You should try to find out why the doctor didn't repair the bicep tendon before taking any legal action. If his plan was to repair the tendon only if certain findings existed at the time of the repair of the rotator cuff and he made an informed and reasonable decision not to extend the surgery any further so as to maximize the likelihood of the rotator cuff repair being successful you may have a difficult time proving his judgment was negligent.
Answered on Jan 26th, 2012 at 6:15 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Only if another similarly qualified orthopedic surgeon is of the opinion that constitutes a deviation from the prevailing standard of care and is willing to sign an affidavit to that effect. That is a prerequisite to you ever being able to file suit, along with a host of other things.
Answered on Jan 26th, 2012 at 6:08 PM