Legal Question in Medical Malpractice in Kansas
Butchered surgery
I am a 49 year old registered nurse who was butchered by a orthopedic doctor. I went in to have a bone spur removed from my clavicle and only signed a permit to have a scope to have this done. I told the doctor two or three times that if he found something else I was not to be cut open and would think about it if he found something. I came out of recovery with a 5 inch incision and he said he found a rotator cuff tear. I of course was very upset because I didn't sign a permit for it. My incision split open 6 days later after having the staples removed. Even though I was running a temp he didn't get any blood work or do cultures. He said it was just a hematoma. He didn't order physical therapy for 7 weeks and by then my shoulder was frozen. He did a manipulation under anesthesia at 8 weeks. After that I lost all use of my arm. I went for a 2nd opinion and 4 months later this doctor went in with a scope and said it was unrepairable. I know have no use of my arm and am on 100% disability. I found out this doctor has quite a few medical malpractice lawsuits against him. Since I didn't sign a consent and now my shoulder.arm is useless, do you think I have a case against this doctor?
2 Answers from Attorneys
Re: Butchered surgery
Based on the facts you have given it sure looks like medical negligence. However, as you probably know, there are a lot of factors which go into the question of whether your doctor deviated from the accepted standard of care and whether that caused your injury. I don't understand how he could have allowed your shoulder to freeze up.
I suggest you discuss this with an attorney with medical malpractice experience in Kansas. What I do is meet with you to get all the facts, obtain the medical records and ask a doctor to review the records and facts and give us an opinion on whether there is medical negligence which caused your present disability.
What was the date of your surgery? Kansas has a two (2) year statute of limitations to file suit for medical malpractice. The 2 years usually runs from the date of the surgery, but may run from the date of discovery of the injury. You must file a lawsuit within the 2 years or you are barred. These cases take time to put together so I suggest you talk to someone as soon as possible. You should not have to pay for a consultation.
If you wish to discuss this with me you may call or email me.
Jim Wisler
Wisler Law Offices
Personal Injury Lawyers
1311 Wakarusa Drive, Suite 2200
Lawrence, Kansas 66049
785-843-4110
866-844-4110 toll free
Re: Butchered surgery
Hi,
I tried to post a reply earlier but it may not have gone through. I apologize if you receive this twice. Your story definitely passes the first test - something does not sound right. Medical malpractice cases are difficult to win and they are especially difficult in Kansas. My office frequently works on medical malpractice cases in Kansas and Missouri. Before becoming an attorney, I worked as a paramedic for nine years. We also have a registered nurse on staff who assists us in medical malpractice case. The one thing you need to keep in mind is that Kansas has a very short statute of limitations. Once this passes, you will not win regardless of the merit of your case. I would enjoy speaking with you about this case at your convenience. You may contact me at (800) 962-5363 or e-mail at [email protected]. If I am not available, please ask to speak with Rich, another attorney here or Sandra, our nurse. Good luck to you.
Jeff Heinrichs
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