Legal Question in Medical Malpractice in California

Severe nerve damage after Carpal Tunnel surgery
Before moving to NC, I had my ortho do a CTS on my right hand, though I was diagnosed with bi-lateral CTS.
I never saw him before or after the surgery that day, and awoke with numb fingers. I was not sent to PT or told to do anything but take pain meds if needed. By the time I saw hime 2 weeks later, my hand was worse - and now I am in pain constantly, with the left hand symptomatic as well.

When he initially suggested surgery, he never explained the procedure, recovery or possible complications - this is typical for him. The nurses at the surgical center joke about him being the 'phantom surgeon' with crappy after-care.

He did surgery on my right knee months before, and the same thing happened, and i wrote a letter to the Chair of the Group, who was my primary doctor. He was very unhappy and said he'd talk about it at the next board meeting.

If I lose the use of my hands, I have no way to make a living - I cannot stand for long periods of time, and suffer from bi-polar disease and post-Traumatic Syndrom, as well as chronic pain from 3 previously bulging cervical discs.

I don't know if it was the open-release technique that failed, his after care. I think he should have referred me to a hand specialist.

Asked on 10/13/04, 6:21 am

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

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Re: Severe nerve damage after Carpal Tunnel surgery

For starters: if this situation is more than a year after surgery, you have a problem. In general, such claims and suits have to be filed within a year. Next, you need a medical doctor in that field to testify the standard of care was not met in your case.

Therefore, if it is less than a year old, and if it was done in Southern California, contact me to discuss what can be done.

Answered on 10/13/04, 6:40 pm

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Armen Tashjian Law Offices of Armen M. Tashjian

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Re: Severe nerve damage after Carpal Tunnel surgery

Most medical malpractice matters are reviewed by an expert before a decision is made about the standard of care. However, we may be able to screen this matter at no cost if you would like to send me your medical records.

In this situation, at a minimum we know that there was no informed consent. However, it seems you knew this doctor from your prior surgery and could/should have asked him to explain the risks before you signed the consent form. In California courts follow the two prong test in the Cobb case, which says that in order for the doctor to be liable for failing to obtain informed consent, the following must be shown. First, there was no adequate explanation of all risks associated with the procedure; Second, a reasonable person in the plaintiff's shoes would not have consented to the procedure if he/she knew of the risks.

Your prior dissatisfaction will bite you in the you know where. Because you were dissatisfied with this doctor and made a complaint. Yet you signed the consent form without asking him to explain the risks. The defense, no doubt will raise credibility issues, unless of course there is more to this matter that I don't know.

I wish you speedy recovery.

Answered on 10/17/04, 10:46 pm

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