Legal Question in Medical Malpractice in California

I was injured at work. I had my first surgery on my shoulder via work comp. The surgery took 5 hours. I had a second surgery to clear scar tissue 6 months later. 3 months after that I engaged a work comp lawyer. Since that I've seen three new orthopedic surgeons, have had x-rays an MRI and a ctscan. All three surgeons say that the screw (that was put in my shoulder during the second surgery) is not attached to anything and tearing up my shoulder, and recoomended a third surgery. Can this be malpractice? And, does California prohibit work comp surgeons from being sued for malpractice? Thank you.


Asked on 4/10/12, 1:44 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Can it be? Sure. It WILL be the basis of a malpractice claim and case if you obtain the testimony in court of a qualified expert [like one or more of your current surgeons] saying that it is. Sounds like you have a valid and substantial claim. If serious about pursuing this, feel free to contact me.

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Answered on 4/10/12, 2:25 pm


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