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Arthroscopic Shoulder Surgery Problem

Been the victim of Medical Malpractice or fighting a malpractice suit? Discuss it here.

Arthroscopic Shoulder Surgery Problem

Postby joseph » Tue Nov 22, 2016 8:10 am

Dear Mr. Schroeder,

I had 2 surgeries following a slip and fall case. The physican was

retained with a lien by the attorney, as they work together. The slip and fall case just settled. I had reported my initial symptoms last March, when the cortisone wore off, from my 11/08 shoulder surgery. My fingers were locked severley on the right hand, the left hand was beginning to "curl" and the sensation is in my toes. The surgeon said that it was "trigger finger" and that it "just happens". When I sought a second opinion, the doctor, who is also a contracted doctor with the law firm, said that I needed 2 surgeries on my hand. I asked if a shot could be tried and he agreed. At the same time, I requested a cortisone shot in my right shoulder. It's had been in a state ranging from continous muscle spasms, to frozen shoulder, to new burning sensations, that are progressively worse as time goes by. The second doctor said that I had bursitis, arthritis, tendonitis, carpel tunnel syndrom, and that it was unrelated to my slip and fall; and, that "yes, he had seen this response from the type of surgery that I had. Now, the cortisone is again worn off, and I want to seek medical help outside of this circle of doctors and laywers. My lawyer referred me to his contact for malpractice representation, but I am now losing confidance, that the outcome will be satisfactory, and want a second opinion from an outside doctor. Suddenly, the law firm and the doctors are "scrambling" as I demand my film...the original mri's so that I don't have to pay for them again. They'd provided only a written synopsis of my history for review. I would like advice as to how to proceed. Thank you.
joseph
 
Posts: 46
Joined: Wed May 22, 2013 7:37 pm

Arthroscopic Shoulder Surgery Problem

Postby Fearnhamm » Tue Nov 22, 2016 9:02 am

Dear Mr. Schroeder,

I had 2 surgeries following a slip and fall case. The physican was

retained with a lien by the attorney, as they work together. The slip and fall case just settled. I had reported my initial symptoms last March, when the cortisone wore off, from my 11/08 shoulder surgery. My fingers were locked severley on the right hand, the left hand was beginning to "curl" and the sensation is in my toes. The surgeon said that it was "trigger finger" and that it "just happens". When I sought a second opinion, the doctor, who is also a contracted doctor with the law firm, said that I needed 2 surgeries on my hand. I asked if a shot could be tried and he agreed. At the same time, I requested a cortisone shot in my right shoulder. It's had been in a state ranging from continous muscle spasms, to frozen shoulder, to new burning sensations, that are progressively worse as time goes by. The second doctor said that I had bursitis, arthritis, tendonitis, carpel tunnel syndrom, and that it was unrelated to my slip and fall; and, that "yes, he had seen this response from the type of surgery that I had. Now, the cortisone is again worn off, and I want to seek medical help outside of this circle of doctors and laywers. My lawyer referred me to his contact for malpractice representation, but I am now losing confidance, that the outcome will be satisfactory, and want a second opinion from an outside doctor. Suddenly, the law firm and the doctors are "scrambling" as I demand my film...the original mri's so that I don't have to pay for them again. They'd provided only a written synopsis of my history for review. I would like advice as to how to proceed. Thank you.
Fearnhamm
 
Posts: 37
Joined: Thu Mar 06, 2014 4:32 pm

Arthroscopic Shoulder Surgery Problem

Postby Gaara » Sat Nov 26, 2016 6:39 pm

I think you already know what you must do. So, make your search for a new lawyer and new doctors start now. Then start to get your medical records. This may cost you some money, but I fear it is something you will have to do. Many personal injury lawyers, like the one you have been using, do not get the complete medical records. They don't need them. And, many personal injury lawyers have a stable of doctors they routinely assign to their cases. Your lawyer fits that picture.

You have a right to the complete records of all those doctors and the hospital. You have a right, but you also have a fight ahead. The doctors will try to prevent you from getting their records, as will the hospital. Most doctors believe in their hearts that 'their' records are sacred and belong to them alone. They are merely the custodian of record whose preparation you paid for. Those are your records. You may, from the cound of your query, have to spend a couple hundred dollars for those records. You will have to make a list of doctors(and others like physio-therapists) who have played a role in your adventures in medical care. Why must you collect so many records? To find inconsistencies and you can be sure many will be recorded.

Now, you may wish to wait until you get another lawyer before embarking on this work.

So, think about you medical care from, the daty of your injury. You have had some suggestions that a medical malpractice case is among the procedures. No doubt you wil be right about this.  First, one doctor has told you he has seen this result of that surgery. Doctors will tell you that this is simply a 'bad result', but it sounds more like nerve injury. Also, if the fingers are 'curled' that suggests nerve injury, and oprobably a good hand surgeon would resist trying surgery on your hands and wrists. Those signs are simply a result of an injury, and that injury is probably in the shoulder or in the area of the analgesia injections. You will need a neurologic examination to determine exactly what and where that injury is. Your expense and time spent gathering records will be big. But, if you are convinced that malpractice has been done, then it is worth some effort. A new lawyer will no doubt try to gather the records too, and you may save some money and work by allowing him to get the records. But I suspect you will find that a new lawyer, even one experienced in malpractice work will ask for your help here. I say that because of that HIPAA law that insurance companies pushed through Congress to reduce their losses.

Your case is going to be a tough one partly because your doctors have had time to cover their asses, and because your original lawyer will no doubt try to protectthemFor that reason, look for a lawyer in another County. You  probably will have to stay in your State for  the search, but work on getting someone free of attachment to the group you have been working with up to now. Call the Bar Associstioon in some large cities and start calling lawyers they give you. You are in for a tough haul, but stick with it. I think you probably have a malpractice injury, and maybe serious damages.

You might keep a lawyer malpractice notion in your mind. It may well be there.  Good luck and do not give up too easily. Get started.

Just as a thought. Your  problems exist because of an unhealthy relationship between lawyers and 'their' doctors. Personal injury lawyers associate with doctors who make 'good witnesses', not good doctors. This practice results in lousy work from lawyers and their doctors. They depend on each other for income, and that is not a sound basis for a professional practice.
Gaara
 
Posts: 40
Joined: Tue Feb 18, 2014 11:44 am


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