In between surgerys HELP!

What is the name of your state? Colorado
I really need to know if my situation is worth pursuing... I had a shoulder injury in December, I went to see a shoulder ortho, he suggested we do a course of anti inflamatories and a cortizone injection to see if this would help, x rays at that time looked fine. The pain continued to worsen every week. I could not even move the shoulder. I averaged a visit a month to him and finally in March he did an MRI, showing a shoulder impingment and a bone spur. Had the shoulder decompression surgery March 11, where he went in and cleaned up and removed a lot of bone in the process. Since the surgery, again , the pain has increased again to the point wher I cannot do anything, I saw him again a fews weeks ago and all he could say is there are a few bone fragments and perhaps he did not remove enough bone, and gave another cortizone injection (5 so far) and he wanted to schedule the same operation again. I also have been having severe muscle spasms over the surgery area since the operation to which he has no ideas. Before doing the surgery again, I decided to get a second opioion. The 2nd and 3rd DR gave a completely different diagnosis and both thought the 1st surgery should have never happened, was not the problem at all, so new surgery set for Sept 14 to fix the real problem... I have also lost two jobs during this time, due to the severity of the pain and missing time from work and am also under the care of a psychiatrist for panic, anxiety and depression from the chronic pain. This a brief version, and also after next surgery I will have permanent loss of some mobility of the right shoulder forever.
Is this worth pursuing??? Is it time to get a lawyer involved, please any advise I would greatly appreciate.

Busted Wing

Tell us, what is the problem?
The minute you mention lawsuit or deposing doctors your new surgeons may run like hell. Just get better and if all goes well just get on with your life. If not, you will have lots of time to think about sueing.

Lawyer

for what ? these are elective surgeries, What was the second dr.s Diagnosis

No, not elective. Complete misdiagonis from original accident. The fist dr said was rotator cuff tear, and the bursa was shreaded and had a bone spur. The bone spur was not an issue. After we finally got copies of the med operative report, there was no rotator damage at all. The real problem is the shoulder is weak and unstable, needs to be tightened up now and from the oringinal and the loose bone fragments removed. accident which was a particial dislocation. Firts dr never even examinied for this. The MRI also show the rotator to be ok. So basically have lost 8 months to what should have been an 8 weel ordeal at best, and 2 jobs. Unable to work with teh pain and all these dang dr appts.

Many more things must be known before you just go out and pursue a lawsuit for malpractice.

Did you have an accident? You make mention of one.

What type of work did/do you do. Was there a worker's comp case or were you eligible for FMLA?

Are you involved in sports or other activities which put a strain on your sholder? What kind?

Was there any improvement?

Did you get a second opinion?

Do yu have any significant medical history?

Bone spurs can be very painful and usually a reason for getting them?

rmet4nzkx said:

Many more things must be known before you just go out and pursue a lawsuit for malpractice.

Did you have an accident? You make mention of one.

What type of work did/do you do. Was there a worker's comp case or were you eligible for FMLA?

Are you involved in sports or other activities which put a strain on your sholder? What kind?

Was there any improvement?

Did you get a second opinion?

Do yu have any significant medical history?

Bone spurs can be very painful and usually a reason for getting them?

Click to expand...

Hi, The accident was a horse related accident that happend at home. I was holding her and she reared up and pulled me backwards. That is the only sport I am involved in is riding and showing horses since I was 6.
Really no strain in the shoulders, was very strong and healthy before this accident. There was no real improvement after the surgery, I kept going to see him after the surgery, and all he sould offer is more cortizone and pain meds he just kept telling me it takes time to heal from removing so much bone. After 4 months of this, he suggested he do the exact same operation, that maybe he did not remove enough bone the first time and to clean up teh loose bone fragmemnt left behind from the 1st surgery, then I did go for a second opinion (and a 3rd) . The new DR's told me the first operation should have never been done, that the reason I continue to be in so much pain is because the real issue was never addressed. I could have had a bone spur for many many years. I have no medical history to speak of. Totally strong and healthy 37 yro. Also, the dr's notes are a mess and they are not wanted to give me all my recent post op records. Refusing to return calls, etc....
No prior problems with the shoulder.

Thanks for the questions!

Botched Surgery

Ive seen it before surgery gone bad. Firstly I hope you have your expectations for surgery set for reality meaning youll never be the same you are only trading one sympton for another hopefully of less bothersome to you.Did you sign a letter of release?There are no guarantees with surgery.I would say if this doctor continues to treat you and you allow it knowing you are not benefitting its partly your own fault.
But if he disregards your wishes and doesnt allow you to get treated elsewhere you could chase him but i dont think you will get another doctor to testify against him. And by the way most surgeries are elective meaning you do not have a life threating condition(heart attack,cancer) etc.All the doctor has to say is "in my opioion" medicine is not an exact science.Put your requests for medical records in writing and find a new doctor.

Thanks for the advise.. and yes I did find a new doctor. The 1st doctor told me there was NO option but to have the surgery, no choice he told me, the damage would only continue. I of course have put everything in writing to the 1st drs office and other than requesting records, they have no idea what is going on. The big question now, is how much more damaged was caused 1. by the 1st surgery, and 2. how much more damage since. Very very frustating situation.
Biggest issue here is the 1st doctor wanted to do the exact same surgery again,
the issue here really is he diagnosed the problem wrong in the first place, and the wanted to do the same surgery again about 3 weeks ago. He never got it right the 1st time, period! He failed to diagonis the problem the first time, therefore performing an unnessary surgery in the 1st place. Even the new surgeon has said this numerous times. I do realize things are always different after surgery, my expectations are not unreasonable, however, its my belief had he treated the injury correctly in the first place, 2-3 months after the injury all would have been over. The shoulder has gotten so much worse since the first surgery , I basically can not use it. When he suggested going in and doing the same surgery again, I did get more opioions, 2 to be exact, which they both agreed the 1st surgery was totally useless.
Any other comments are very much appreciated!

first surgery being totally useless means"it idnt work" if you think you have suffered permanent damage go spaeak to a lawyer the people here are not well versed to the trials and tribulations as to what is or isnot malmed.Docotrs often disagree on what a diagnosis is.

Busted Wing
vrzirn gave you the best advice--get well first. You have plenty of time to consider whether or not you have a valid medmal claim or if you wish to pursue any medmal claim.

The surgery you are anticipating may no more fix the problem than did the first and without allowing your body to achieve its maximum healing potential before subjecting your body to additional surgery, I think you are making a mistake.

I suggest you consult with a sports medicine physician/surgeon before you submit to additional surgeries.

EC

ellencee said:

Busted Wing
vrzirn gave you the best advice--get well first. You have plenty of time to consider whether or not you have a valid medmal claim or if you wish to pursue any medmal claim.

The surgery you are anticipating may no more fix the problem than did the first and without allowing your body to achieve its maximum healing potential before subjecting your body to additional surgery, I think you are making a mistake.

I suggest you consult with a sports medicine physician/surgeon before you submit to additional surgeries.

EC

Click to expand...

I do agree I have plenty of time to seek a lawyer's advise. Just looking for advise really. According to the new Dr's I am doing more damage everyday, the surgery is a must, I am seeing a sprorts medicine Dr/Surgeron, as a matter of fact his practice does treat our professional sports teams here. Also, a similar injury ended my brothers NFL career, so no stranger to this.


Thanks for the advise, it is all welcome and appreciated