i had surgery on my hand about a year ago…the 4th menacarpial was broken and plated…i also have a break in my 5th menacarpial and a chip from somewhere else…when i went into the ER the doc/surgen or w.e he was said i had two breaks…but when i had surgry like a week or two later he only operated on the one..the 4th menacarpial..then i get my cast off for x-rays…and hes liek oh yea you have another break there..(i knew the whole time i had two i thought he would fix them both) he says its just swollen and time and rehab will be fine…after a year it still looks mangeld, swollen, and hurts liek hell every day…i cant do my job, i cant workout, it hurts when i sleep…theres an obvious problem with my hand still that he dident address…does this qualify for malpractice??? is it worth a lawsuit…it affects my life everyday, hurts, limits me from doin my job???
Talk to an ambulance chaser (lawyer)
Before you call a lawyer, you need a second opinion. Have you been back in touch with the doc who did the surgery? There should have been some follow-up. If your hand never healed and has been giving you that much trouble all this time, you should have been back in his office 10’s if not 100’s of times, and you should have had another opinion months ago. If you were not in touch with him and explaining your on-going problems to him, he can easily say now that any thing at call could have happened to your hand in between when he fixed it and now. Your potential law suit depends a lot on what you’ve done and how you’ve been following up during that whole year. And no matter what, it sounds like you still need treatment for the hand anyway now, so go get it. But go to another doctor now. Depending on what the second doc says, does, there is a slim chance you might actually be able to sue, but since you may have brought on a lot of your condition by not following through, you might be found accountable by a court for your own problems now. You should not have waited so long. Still, I suppose it’s worth a discussion with an attorney. You know you can have a free consultation with most attorneys.
see another consultant for a second opinion
It sounds to me like you would have a good case. I would contact a lawyer and another doctor. If the breaks wasn’t repaired than you might have to go through another surgey to repair it. And another doc might been able to help with the continous pain your in.
You went to the doctor for help and he did help you. However, no one can help you more than yourself. You should have told the surgeon what you knew. Never put yourself completely in someone’s hand expecting them to do what you want. You are just as much at fault as the doctor.