Legal Question in Medical Malpractice in California
Nerve Damage after Carpal Tunnel surgery
I had CTS on June 2, in California, just before moving to North Carolina. At my post-op visit, I complained about numbness in middle and ring fingers, and a deep, stabbing pain in thumb pad. My doctor was very surprised and put me on naproxen. (1000 mg daily)
It is now 3 months later, and my hand is almost completely useless, in pain all the time, and now my left hand is going numb. I am an editor, freelance, and a rug maker.
I also suffer from Post-Traumatic Stress, which limits my life activities a lot.
I am curious if I have a Malpractic suit or not - If I can't work, I'll lose everything, and I just bought my very first home. I can't sleep for the pain, and am getting pretty depressed - everything i want to do, makes me hestitate, because i know I'll pay for it later.
4 Answers from Attorneys
Re: Nerve Damage after Carpal Tunnel surgery
IF you have a doctor willing to testify that the procedure was negligently done, then and only then can you file suit within a year. Without such opinion, you may NOT file. If you do have such opinion, or if you are willing to consult with a doctor we could suggest, then contact me to discuss the case.
Re: Nerve Damage after Carpal Tunnel surgery
Have you seen a new doctor in your new home to find out what the problem is and if there is anythnig that can be done?
Joel
JOEL SELIK
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Re: Nerve Damage after Carpal Tunnel surgery
You may or you might not. Bad outcomes occur without professional negligence. A carpal tunnel release though is fairly common and rarely leads to a bad outcome. You first need to determine exactly what the problem is now, is there a solution, what is the prognosis. You then need to get the case reviewed by a competent neurosurgeon. Your own treating physicians may be willing, maybe not. Only if a competent neurosurgeon is willing to testify that your initial surgeon was negligent in his treatment and that this caused your problem can you prevail in a medical malpractice case.
Let us know if we can be of further assistance. The statute of limitations will expire one year from the date you had reasonable suspicion of the injury and its negligent cause. The expiration of the statute can be delayed by serving a 90 day notice of intent to sue within 90 days of the expiration of the statute. I would serve the notice on or about the 1 year anniversary of the surgery and file suit no more than 90 days later.
No legal advice is here given, merely general legal information.
Re: Nerve Damage after Carpal Tunnel surgery
I would review your medical records and advise you free of charge if you would like. Let me know and good luck.
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Statue of limitations what is the statue of limitations in California? Asked 7/26/04, 10:10 pm in United States California Medical Malpractice Law