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Should I Seek And Attorney For Medical Malpractice?

I would like to get an opinion of if I should pursue a medical malpractice case. In California you have 1 year to file.
In July of 2011 I went in to have a benign (Thank you, God) lymph node removed from my neck. The surgeon is very well known for being a great and competent surgeon. Before the surgery he asked what I needed/wanted for pain. I declined pain medication as I have Fibromyalgia and already had pain medication at home. I was in and out of surgery and on my way home within an hour and a half.

After all me anesthesia wore off I had the most intense pain in the back of my neck. I could NOT raise my right arm without excruciating pain. I made it through the weekend with the pain meds I had, although they barely took the edge off of the pain. It did not hurt at the incision site but hurt in several areas around my neck and shoulder. I called the surgeon and he did give me a stronger medication, but it still didn't help. He couldn't understand why I was having this pain either.

To make a long story shorter, I've had 4 MRI's, been to 4 neuro's, had nerve conduction testing and have seen and Ortho twice. I have to go back for more nerve conduction testing, but the bottom line is that I have a torn rotator cuff tendon (MRI say's it was 40% torn, however Ortho thinks it's torn all the way through) AND the supraspinatus nerve has been cut. I asked my Neuro how this could have happened and he mumbled "digging around".

After my next nerve conduction testing is done, the neuro will tell the Ortho how to fix this, while he is in there fixing my torn rotator tendon. If my Ortho does not think he can handle the complexity of this problem I will be sent to a bigger hospital.

I have not been able to travel to go see our 20 mo. old Granddaughter. We have missed out on so much of our lives because of this, not to mention the pain and suffering. My sister is a professor of nursing and assured me that this would settle out of court. Every MRI and Dr. or Specialist I have seen is well documented that this all happened immediately after the lymph node surgery. I am not a "sue happy" person and money won't bring back the time I've missed with our family over the holiday's. However perhaps this will wake somebody up if I file a malpractice suit.

I am asking, If you were me.....would you file? There is a great possibility that I will have permanent loss of range of motion in my right shoulder. There is already a great deal of atrophy. I am a 56 year young happily married woman.
Thank you for your thoughtfulness in helping me make a decision. If I DO decide to file, I think I should contact an attorney now to get the paperwork going and file after surgery when they will have more info of my chances of recovery.
Godspeed.
attipay attipay 56-60, F Jan 15, 2012

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