Legal Question in Medical Malpractice in New York
Misdiagnosed? Ganglion vs carpal tunnel
3 weeks with pain and limited mobility from a soft ''lump'' on the back of my wrist, I saw an orthopedic surgeon. He diagnosed a ganglion. Just ice it. 3 months later, I see him again due to more pain, less mobility, etc. He tries to aspirate several times with no fluid (Tells me to come back in 2 wks to discuss excising ganglion) Two days later, pain and immobility are even worse. I see my general practioner and ask his opinion. He disagrees with diagnosis and orders a nerve conduction test. Test is done within a week due to severity of pain, numbness, etc. Report shows ''very severe focal demyelination/partial neurapraxia of the median nerve...'' among other notes. Technician advised that I see a surgeon immediately. Surgical consult was Monday, pre-op work is tomorrow (Wed.) and my surgery for carpal tunnel release is scheduled for Friday. How is it possible that an orthopedic surgeon MISSED such an obvious case of carpal tunnel syndrome? I have been hearing horror stories about this doc ever since. I cannot close my fist at all, no grasp, severe pain all the way up my arm to the shoulder, muscle in thumb is gone! I am told that I may not get full use of my hand back even w/surgery.
Can I sue?
2 Answers from Attorneys
Re: Misdiagnosed? Ganglion vs carpal tunnel
The main issue here is whether the misdiagnosis by the orthopedic surgeon caused further injury to your arm, wrist and hand. It is possible that the delay in treatment caused by the doctor's failure to diagnose carpal tunnel further injured the nerves to the point of permanent damage. That is something that a doctor needs to determine after a thorough review of your medical records.
Please let me know if you have any more questions or need assistance in pursuing this further. This an area that we are familiar with and I would be happy to discuss this further with you. In the meantime, best of luck on your surgery.
Re: Misdiagnosed? Ganglion vs carpal tunnel
Yes, you may be able to sue. In NY, a doctor must certify that there has been malpractice. In addition, whether or not to sue will depend on whether a timely diagnosis would have made a difference in your treatment. My firm handles these cases on a contigency basis and we have 10 offices in NY. Please feel free to contact me to discuss your case.
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