Legal Question in Medical Malpractice in Florida

Physical Therpist dislocated shoulder after rotator cuff surgery

My husband had rotator cuff surgery 9 1/2 weeks ago, due to a fall in our shower. On 2/12/08 he had he had to have surgery again to have adhesions broken lose. Per Doctor's orders I took him to Physical Therapy on 2/13, while stretching same arm therapist dislocated his shoulder. Everyone there kept saying there was his way his shoulder could be dislocated but he was screaming in pain and begging them to please do something for him. They finally took an X-Ray and confirmed that the shoulder was dislocated. One of the Associate Doctors tried to relocate shoulder but due to intense pain/muscle spasms could not. I was told to take him to ER; they were able to relocate his shoulder. His arm and hand is still numb and tingling. He has 2 fingers that are totally numb. His regular surgeon is out of town until 2/20. We have been instructed to do nothing until then. Physicians said'' the shoulder is possibly blown and may need to be completely replaced''

What should we do next?

Asked on 2/17/08, 2:43 pm

2 Answers from Attorneys

Alan Wagner Wagner, Vaughan & McLaughlin, P.A.
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Re: Physical Therpist dislocated shoulder after rotator cuff surgery

You will need to speak forst with your doctor to see what damage was done. Often a dislocated shoulder will, essentially, heal just fine. If the shuolder was damaged or another surgery is required, you will need to then speak with a medical malpractice lawyer. Please feel free to contact me at your comvenience. Medical malpractice cases can be expensive and quite difficult. The legislature has passed laws that favor health care providers, not the injured. You can reach me through our web site or you may call directly.

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2/17/08, 5:49 pm
David Davies Law Office of David H. Davies
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Re: Physical Therpist dislocated shoulder after rotator cuff surgery

The most important thing you can do is make sure that the shoulder is propely taken care of. You should follow the doctors advice. If your husband's doctor is out of town you should be able to talk to someone who is covering his patients and do what is needed medically.

You should also document what has happened. Keep a journal with dates, times, witnesses etc. If the shoulder heals and there is no need for additional surgery then, most likely, you will not want to pursue any type of action against the Therapist or his Company.

Medical Malpractice actions are expensive. Many attorneys will take the case on a contingency basis so you will not have to pay a lot of money up front. That means the attorney fee comes out of any recovery that the attorney gets for you. There has to be significant damage in order to justify spending thousands of dollars to prepare for trial.

Do not be put off by my mention of the cost. If your husband ends up needing a shoulder replacement, the damages may very well be more than sufficient to support and action. You should not hesitate to call and talk to a malpractice attorney in more detail. I have been handling these types of cases for over 30 years and will be happy to talk to you and help you decide if you have a case. There is no charge and no obligation for the call. It may give you some peace of mind even if you decide that there is no case.

Good Luck!

D.H. Davies

Justice Is No Accident!!

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2/17/08, 8:37 pm

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