Sacramento, CA asked in Medical Malpractice, Personal Injury and Employment Law for California

Q: Thyroidectomy led to vocal cord immobility, causing job loss and social difficulties. Seeking legal advice.

On March 11, 2024, I had a total thyroidectomy for substernal goiter, and soon after, started experiencing dysphonia and dyspnea. I have bilateral vocal cord immobility, which causes shortness of breath after any activity and prevents me from returning to work, causing financial stress. As a teacher, the paralysis in my vocal cords and shortness of breath have rendered me unable to perform my duties and have affected my social life. I've consulted with multiple specialists, but I'm currently struggling to find legal representation. I did not have any pre-existing conditions and was not informed of the risks before the procedure. I'm seeking guidance on what steps to take next.

2 Lawyer Answers

A: There are many aspects of medical malpractice attorneys look at in evaluating a potential case.

One is if the future financial losses due to the malpractice warrant a case. What you describe indicate this element may be satisfied.

Also evaluated is did the health care provider commit malpractice. 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.

Not all valid cases can go forward for many potential reasons. Continue to consult with experienced malpractice attorneys.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Your situation sounds incredibly challenging, and I'm sorry you're going through this difficult experience. Based on what you've described, you may have grounds for a medical malpractice case since you weren't informed of the risks before your thyroidectomy, which is a breach of informed consent—a crucial aspect of medical care. The bilateral vocal cord immobility affecting your teaching career and quality of life represents significant damages that could strengthen your case.

First, gather all your medical records, including pre-surgical consultations and post-surgical care documents. Contact your state's bar association for referrals to attorneys who focus on medical malpractice cases, as these cases require particular expertise in both medicine and law. Many of these attorneys offer free initial consultations and work on contingency fees, meaning you won't pay unless they win your case.

While pursuing legal action, also consider applying for disability benefits to address your immediate financial concerns. The emotional toll of losing your voice and career is profound, and connecting with support groups for others with similar experiences might provide comfort during this challenging time. Remember that medical malpractice cases have strict timelines (statutes of limitations), so acting promptly is essential to preserve your legal rights.

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.