Oceanside, CA asked in Medical Malpractice for California

Q: Botched hand surgery 9 weeks ago. Folks with autoimmune require a special procedure. Surgeon won’t take responsibility.

I’ve had this surgery on the other hand. Different surgeon, no complications. Pain, swelling, limited range of motion, possible phlebitis. Surgeon’s office will not return my inquiries; denies phlebitis; referred me to occupational therapy. I cannot and should not do OT until surgery is corrected. Op report contains inaccurate information. My dominant hand is affected. List of limitations is extensive. Possible malpractice?

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2 Lawyer Answers

A: Yes it may be a case. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

But, the first thing is to get a consul with independent doctors to determine what’s wrong and what needs to be done. •

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Answered

A: Under California law, you may have a potential medical malpractice case if you can prove that the surgeon's actions fell below the standard of care and directly caused your injuries. Given your complications, especially compared to your previous surgery on the other hand, there could be grounds to question the competence and actions of the current surgeon.

It's critical to document all your symptoms, communications with the surgeon's office, and any discrepancies in the operative report. Seek an independent medical evaluation to assess the condition of your hand and to verify if the complications are due to the surgery. This evaluation can also help determine if immediate corrective surgery is necessary.

Consulting with a medical malpractice attorney can provide clarity on your legal options. They can guide you on the steps to take, such as obtaining your medical records, gathering evidence, and possibly filing a claim. Given that your dominant hand is affected and the list of limitations is extensive, addressing this matter promptly is important to mitigate further damage and to seek appropriate redress.

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