Carpal tunnel

[windywindsor]

What is the name of your state (only U.S. law)? Florida
Had CTS 4/2008, suffered alot of pain was later diagnosed with RSD. After
1.5 years since surgery, surgeon decided to do MRI to see why I wasn't healing. MRI showed alot of scar tissue strangling the median nerve and now understandably all the medications I was given to try would and did not help because the scar tissue would not have allowed it. I've had 1.5 years pain and suffering not being able to use my dominant hand. Now I've been offered surgery to remove the scar tissue. I just wish the MRI had been ordered earlier. I had asked for it 8 mths after surgery and was told it wouldn't be of use. Strangely, for some reason it was usable now. I could have avoided many, many months of pain killers and doctor visits. Given my situation, do I have to accept what has happened and move on or do I have some form of restitution?

[lya]

There is really nothing to be gained from a medmal claim. Obviously, there was no damage to the nerve, just inflammation and pain. Additionally, the wait-and-see approach to post-op pain related to carpel tunnel surgery/treatment is common, usual, and routine practice.

Whether a second surgery is/was needed 8 months after the initial surgery or 1 1/2 years after the initial surgery, a second surgery is needed and the need is not related to an act of negligence; therefore, you cannot claim damages associated with a surgery that otherwise would not have been necessary. (If you are a person who develops excessive scar tissue after surgery, you may be in for a repeat of the past 1 1/2 years.)

With rare exception, pain and suffering does not justify a lawsuit; there must be significant and permanent damage that resulted from an act of negligence. I don't believe your claim meets the criteria for any claim of damages due to negligence/malpractice or the new term du jour, medical mismanagement.