Shoulder Surgery Medical Malpractice Attorney

Surgical procedures for the shoulder are meant to repair or replace damaged parts in the shoulder joint. Thus, a patient suffering from conditions like impingement and frozen shoulder may need to have surgery, such as:

• Repairing of the rotator cuff – fixing tears in the tendons around the rotator cuff
• Shoulder replacement – replacement of a damaged shoulder joint with a prosthetic, often performed on patients with advanced arthritis. Depending on the existing damage, doctors may recommend one of 3 types of shoulder replacement surgery: partial, total, and reverse total.
• Shoulder arthroscopy – a procedure where the doctor uses a small camera and various instruments to examine and diagnose frozen shoulder, rotator cuff tears, and other shoulder injuries.
• Acromioclavicular joint repair – performed in the AC joint, where the shoulder blade connects with the collarbone

Surgery should always be the last resort, as many patients can be assisted by less invasive treatments. However, shoulder surgery may be the best course of action in the following situations:

• Torn rotator cuffs – the rotator cuff tendons and muscles are damaged from overuse
• Recurring shoulder dislocations – due to shoulder instability that can only be corrected by surgery
• Frozen shoulder – a condition resulting in chronic pain and stiffness in your shoulder joint
• Impingement syndrome– compression of tendons and underlying tissue in the shoulder joint
• Arthritis – a degenerative condition where changes in the shoulder joint cause pain and reduced range of motion.
• Labral tears – tearing of the labrum, a unit of cartilage that surrounds and stabilizes your shoulder joint.

Yes, you can file a lawsuit if you sustained injuries and health complications because of a healthcare provider’s negligence. You can also file a wrongful death lawsuit if you lost a family member who passed away from a botched shoulder surgery. What kind of surgical errors are eligible for a medical malpractice lawsuit? Here are some common examples:

• Surgery performed on the wrong site / wrong body part
• Medication / anesthesia errors
• Wrong surgical procedure
• Improper or lack of response to complications during and after the surgery
• Infection due to inadequate post-operative care
• Medical instruments / objects left inside the patient

Your eligibility for a lawsuit is based on many details that have to do with your experience before, during, and after a shoulder surgery. Each case is different, but all claims for surgical malpractice are based on the medical provider’s deviation from accepted standards of care. Acts of negligence that constitute malpractice by a doctor or medical center include:

• Misdiagnosis or failing to diagnose an injury / illness
• Failure to interpret test and lab results correctly
• Mistakes by the lab, like mixing up samples and inaccurate results
• Administrative errors, like missing information and mistakes in patient records

Keep in mind that there are multiple types of shoulder surgeries, and they all come with a set of risks and variables that play a role in your right to sue for malpractice. With that in mind, contact us to have your case reviewed by a shoulder surgery medical malpractice attorney

One or more parties may be liable when someone is left with preventable injuries after a surgical procedure. Here are the possible entities that may be sued by the victim or the surviving family members:

• The surgeon – surgeons must adhere to a standard of care that is very specific and highly specialized. Mistakes can be made even by the most skilled physician, but the question is whether the individual deviated from the accepted standard of care, and the resulting harm to the patient as a result of their negligence.
• Surgical staff members – a surgeon is assisted by a team of medical professionals, like OR nurses and surgery techs. If any one of these professionals was negligent in their duty of care, this can also form the basis of a medical malpractice lawsuit.
  • Surgical facility / hospital – medical centers can also be sued for surgical errors under the legal doctrine of vicarious liability. This legal concept holds employers responsible for actions by their employees when it causes harm to guests, patients, visitors, etc. So, if you were hurt because of negligent or reckless conduct during a shoulder surgery, you may have the right to sue the hospital, along with the surgeon.
  • Medical equipment / device manufacturer – injuries to patients during surgery can happen from defective medical devices or equipment. For example, there may be defects with a shoulder joint implant that causes the patient to develop post-surgical complications. Here, you would have a case of product liability, rather than medical malpractice.
  • Pre-Op and Post-Op Care Providers – Before and after a surgery, the patient is observed and evaluated by a primary care physician or specialist. These people can fail to properly assess the patient’s condition or miss the signs of infection and other complications after a shoulder surgery. So, these professionals can also be liable and sued under California’s medical malpractice laws.

Medically providers are required to obtain informed consent from a patient prior to surgery or any other kind of treatment. Some exceptions do exist, like cases involving underage patients, those with a mental disability, or the need for emergency surgery. But it’s safe to say that most patients must be given the opportunity to make an informed choice when it comes to surgery or anything else that impacts their health.

Informed consent is obtained by discussing the procedure with the patient and disclosing the potential risks, along with any alternative treatment options. Upon learning about success rates, the pros and cons of having the surgery, and other important issues, the patient can decide on how to proceed.

When there is a failure to adequately inform patients and obtain their consent, the patient can file a lawsuit based on grounds, such as negligence, unauthorized treatment, or medical battery (touching a patient’s body without authorization).

In order to sue a doctor or their employer for lack of informed consent, you must establish:

• A healthcare provider did not disclose risks that are associated with a specific procedure.
• The patient (or a reasonable patient under the same circumstances) would not have consented to the surgery had they been adequately informed by the physician.
• The patient was injured because of one or more of the risks that the doctor failed to disclose.

Lack of informed consent and unauthorized treatment can cause permanent disfigurement and disability. It can also prevent the patient from receiving the right course of treatment – one that may be less invasive than surgery. Informed consent lawsuits are extremely complex and difficult to prove, so you should obtain the services of a surgery malpractice lawyer as soon as possible.

Whether or not to have surgery on your shoulder is a big decision that requires advice and guidance form a medical professional. Unfortunately, some doctors do not take the necessary measures to provide patients with the level of care they need and deserve. As a result, what should have been a standard surgical procedure on your shoulder can leave you with catastrophic injuries.

Here at DTLA Law Group, we have a long and proud tradition of fighting back against negligence and misconduct by healthcare providers. If you are interested in filing a shoulder surgery medical malpractice lawsuit, you will not be charged any fees upfront. Our Zero Fee Guarantee policy ensures that we only get paid once your settlement check is released by the other party. In other words, if you don’t get paid from a successful medical malpractice case, neither do we.

For a free consultation to learn about your rights and legal options, reach out to us 24 hours a day, 7 days a week.

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