Anchor needs removed

rkerns4929 · #1 11-18-2008, 06:46 PM

What is the name of your state (only U.S. law)? CT
I was injured at work in March of 2007 Dr said I had impingement and set a date for surgery. During the surgery Dr found a rotator cuff tear and repaired it. Several months later I was in more pain then before the surgery. Dr did MRI said it showed nothing so he sent me back to work. I could only work a few hours as I was in to much pain. Saw DR told him about the pain he gave me a perscription for celebrix and said see him in a week and he would send me back to work. A week later pills did no good he did an exam and said the only thing it could be is a problem with the a/c joint so he set up a surgery. A few months after surgery still in a lot of pain Dr says things are coming along fine. I did a second openion thru my own health insurance and the DR looked at the Mri from the first DR and said It showed a possable labrum tear and he was concerned with the anchor used in the first surgery. He scheduled an arthoscopic exam and repaired the labrum and also found a rotator cuff tear as well as a problem with the anchor. I have surgery scheduled for the 24th of Nov to repair rotator cuff tear and he is going to try to pound the anchor deeper into the bone. If he cant pound it deeper into the bone he has to cut the anchor out then cut a plug out of my knee to fill in the hole in my shoulder where the anchor was. He said if the anchor is not removed I would eventually need a full shoulder replacement surgery. Do I have a case against the first Dr for not finding a problem with the anchor he inserted. I have been in pain for almost 2 years and have had 3 next week 4th surgery on something that should not have taken this long to fix. I talked to a malpractice attny and was told if it is something the new DR can fix and there is no permenant damage I dont have a case. This makes no sence to me I would like to see what everyone thinks and what I may be able to do. Thank you

lya · #2 11-18-2008, 07:22 PM

Regardless whether or not the first MD should have seen the need for second surgery and repair when the MRI was done, you were going to have to have the second surgery and the additional repairs done. Therefore, there is no damage that occurred as only the result of negligence/malpractice.

No result in healthcare is guaranteed. It is always possible for an anchor to fail to hold or fail to remain in optimum position or to be placed in optimum position. Tears such as you describe are best left to heal without surgical repair; apparently, you tears have not healed with conservative treatment and now you require surgery.

I will give you credit for a typo: sense, not sence.