Now that it’s been brought up, I guess that would be really weird to have your whole clavicle removed. I don’t know if you could lift much of anything without one.
Look at a skeleton at school or a picture of one on the internet. You should be able to feel what you still have.
[quote]defen21 wrote:
…I am looking for some advice on a legal issue…[/quote]
Don’t look for legal advice on the internet.
It would be very difficult to try and sue. I’m not trying to discourage you from doing so, but at the same time people now just see dollar signs and don’t realize how much proof they need. First off, the most you will be able to sue him for is the cost of the first surgery and possibly some small compensation for future discomfort.
Unless you are ranked among the top 25 high school football players in the country and have proof of scouting and recruiting from top level colleges, you will be hard pressed to prove that the doctor ruined any future career you had in football.
You really won’t be able to get anything out of having an open surgery instead of the scope and the resulting scar. The doctor has no control over your allergy to the vicro stitches, so he has to work with what is available. Many times if a ortho goes in for surgery and tries a scope, they may not be able to repair it fully or get to the needed area with just a scope.
In the pre-surgery forms that you sign, there is almost always a form that allows the doctor to go to an open surgery if deemed necessary. That way, the doctor’s time and your money aren’t waisted.
On the subject of signing papers…you were only 16 at the time I’m assuming, which means you would have to have parental consent on all of the procedures. What did you parents have to say about all of this? Generally, they would be asked to be in on all of the meetings with the doctor as well.
As stated earlier, you definitely did not have the clavicle removed. You either had part of the clavicle shaved down, or the coracoid process shaved down. You may just be getting some of the wording mixed up.
From what you said the doctor has done, I really question a lot of the actions. I would not think giving multiple cortisone shots is a wise decision for any aged athlete, especially a teenager. But at the same time, if the initial diagnosis was an AC Joint separation, then the shot would be going into the AC Joint, which would have little to no bearing on the Labrum.
The excessive lifting would have a big part in the fraying of the labrum. And it just doesn’t make sense that the doctor told you to just go out and lift without any restraints.
I would go to the original doctor’s office and request a copy of all of your medical files that they have. You may need to go with your parent since you are still a minor. You can get a lot from what they have recorded and then progress from there.
-LH
He made some very poor decisions regarding your health and your future. Apparently he made them based on tests that he ordered and his examination of you over multiple visits. He may also have ordered the wrong type of tests, compounding his error.
If you were my kid I would sue the doctor on your behalf. I never sued a doctor before or thought about doing it but it sounds like his judegment was very poor in treating you.
[quote]DrSkeptix wrote:
[/quote]
Spoken like someone who is NOT a lawyer. Actually, I don’t think any malpractice lawyer would take his case, not because it lacks merit, but because of limited damages.
In a malpractice suit, you can get economic and non-economic damages:
The kid might have some non-economic damages (pain and suffering) but not much considering the cost of brining a malpractice suit (which is usually at least $100,000). What are his economic damages? Every kid says they will play in the NFL, but unless you were in the Parade All American, that will be impossible to prove - even then, it would be hard.
I am sorry you want to create a system that allows doctors to face no personal responsibility for the negligence. But, as the system currently works, people like the OP are often left out in the cold. Some doctor could have screwed him up, and there is nothing he can do about it.
I guess you think that’s okay.
[quote]defen21 wrote:
thank you for any advice.[/quote]
I am sorry to hear this happened to you. I remember your posts on the forum asking for advice way back when; so that makes it doubly disturbing.
Go see a medical malpractice lawyer. I think you’ll have a hard time finding someone to take your case, so don’t get your hopes up. But you should try. Talk to three different lawyers. I don’t know any of these people, so I can’t recommend them, but here’s a list that will at least give you some leads:
It sucks that this happened to you. I had a 3 degree AC joint separation when I was young. It took me off the shelf for 6 months, and even today, I can’t do certain exercises (no benching and limited overhead pressing) because of it.
The best thing you can do is educate yourself about future injury prevention. Also, constantly train your rotator cuffs and shoulder girdle. You must be vigilant. Avoid the temptation to do heavy weights with your shoulders.
That said, by being smart about my shoulder and training around it, I accomplished many physical feats. So don’t think it will ruin your life.
[quote]CaliforniaLaw wrote:
DrSkeptix wrote:
Spoken like someone who is NOT a lawyer. Actually, I don’t think any malpractice lawyer would take his case, not because it lacks merit, but because of limited damages.
…
I guess you think that’s okay.[/quote]
On the contrary, you and I happen to be in agreement.
What I wrote was, “Poor medicine, poor justice.” This is not a lament only.
Details aside, the OP feels something wasn’t right. Was it malpractice? If it were, would an attorney take the case? You agree that a good case with poor compensation may be ignored, and a bad case with good compensation may be taken. Somewhere in here, medical care suffers almost as much as justice.
I have no advice to offer, but I am sorry you went through what you did.