Q: I have a WC case, I fell at work. I had shoulder surgery and my Dr did a AC resection which i did not know about prior
to surgery and WC insurance does not want to cover surgery because they took responsibility for a slap tear but not the AC injury, according to them, it is age related, my Dr knew this and still did surgery on that area and now I am left worse than before surgery with constant pain and lump on my collar bone. Can i sue my Dr for malpractice?
A: To answer your question, a Texas med mal attorney would probably want to review your medical history and surgical records with a medical professional knowledgeable in orthopedic surgery. I would anticipate that the defense would present evidence to a jury that went to the element of the permissibility of the surgery, directly or indirectly, contained somewhere in the packet of forms placed before you prior to surgery. As a first step in learning more about your rights here, you could arrange an initial consult with an attorney, who could request your medical records if they felt you had a strong basis for a case. Good luck
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