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.


Asked on 9/25/04, 9:22 am

4 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

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.

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Answered on 9/27/04, 2:28 pm
Joel Selik www.SelikLaw.com

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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We, therefore will take no action on your behalf unless a written retainer agreement is signed. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you do not retain SELIKLAW, you should immediately seek the services of another attorney or other advisor.

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Answered on 9/25/04, 10:23 am
Mitchell Roth MW Roth, Professional Law Corporation

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.

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Answered on 9/25/04, 10:32 am
Armen Tashjian Law Offices of Armen M. Tashjian

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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Answered on 10/04/04, 1:17 am


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