Q: Can I sue for a doctor intentionally severing my laryngeal nerve causing paralysis of my vocal cord during surgery?
I had a hemithyroidectomy recently at initial visit doctor said he wasn't going to touch the right side of my thyroid because he knew there would be scar tissue from a prior surgery 30 years ago. However, the operative report, states he opened the right side and tried to dissect it with no success, then moved to the left side. My question is he knew there was going to be scar tissue, which there was, after he saw that a band of scar tissue was "almost dividing the left thyroid into two separate lobes", and had identification of the RLN present, then why didn't he dissect the left lobe into two parts to remove it and leave the RLN that was alongside the band of scar tissue alone and let it remain intact. The need to remove the thyroid was not due to any indication of malignancy so there was no need to get every little piece of tissue. I would rather him leave the nerve alone and have residual tissue than sever the nerve and have no voice.
A:
A California attorney could advise best, but your question remains open for four weeks. I'm very sorry for your ordeal here and the severing your laryngeal nerve. Unfortunately, it would be difficult for an attorney to answer your question. This is not to be evasive to the question, but attorneys who evaluated your matter would rely upon the opinion of medical professionals. You've clearly researched this matter in great medical detail, and based on the anatomical precision of your descriptions, beyond the casual familiarity of most med mal attorneys who do not routinely deal with these specific types of surgical procedures.
At this point, you could consider reaching out to med mal attorneys in California. That would probably be the most meaningful way to answer your question. If a law firm felt confident you had a viable basis for a case, they could retrieve your chart and review with medical professionals. Any dialogue between you and prospective attorneys is outside the scope of this question & answer forum - it's between you and them. But as a general matter, most law firms that handle such cases offer free initial consults. These days, many firms are offering virtual consults, with various accessibility options. Good luck
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