Doctor ignored my concerns for 5 months after surgery.

UPDATED: Oct 1, 2022

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Doctor ignored my concerns for 5 months after surgery.

I had surgery performed on 10/25/18 for a full frontal rotator cuff tear, bicep tendon tear, and osteoarthritis of acromioclavicular joint he ground down something. Then 2 weeks post-surgery, I was doing my ROM exercises as explained by the doctor when I heard a pop followed by immense pain and almost like a electric jolt. I basically had a Popeye muscle now. This happened on a Saturday I was in his office Monday morning with the complaint of pain and explained to him

what happened. He said everything looks normal he prescribed Flexerill and Tramsdol which did nothing to help. Same was prescribed post-surgery. During the visit he also recommended I start PT 3 days a week. The PT physician said she wasn’t going to have me perform anything until she spoke with my doctor because she even said it don’t look right. He still insisted everything is good. So for 3 months I attended PT doing very very light exercises. My doctor finally ordered an MRI close to 4 months post surgery. The results came back and it showed a partial detachment of the bicept tendon at the anchor they put in. By this time my fingers have been going numb off and

on he was advised these symptoms as well and nothing was done either. This whole time he’s only prescribed Flexerill and Tramadol. So I just had surgery on 03/07 to repair the tendon from

previous surgery and a new tear lower towards the muscle area. Numbness still occurring in fingers and pain and throbbing there and only a couple hours sleep a night due to pain, throbbing, and its the side I sleep on. Do I have a case for malpractice or did I wait to long ?

Asked on March 15, 2019 under Malpractice Law, South Carolina


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You have NOT waited too long to pursue a medical malpractice claim.
Medical malpractice is negligence. Negligence is the failure to exercise due care (that degree of care that a medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).
Prior to filing a lawsuit for negligence, it may be possible to settle the case with the doctor's malpractice insurance carrier. Obtain your medical bills, medical reports, and documentation of wage loss. Your claim filed with the malpractice insurance company should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports document your treatment, and are used to determine compensation for pain and suffering which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled with the malpractice insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the malpractice insurance carrier, reject them and file a lawsuit for negligence against the doctor.
If the case is NOT settled, your lawsuit against the doctor must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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