Legal Question in Medical Malpractice in Illinois

question about radial nerve palsy resulting from reconstructive foot surgery

I am a healthy, 27 y/o female that recently has undergone a reconstructive foot surgery on my right foot. Prior to surgery, I never had any hand complications. The surgery lasted approx. 3 hrs. After surgery, I could not feel my fingers and could not move my wrist in my left hand. After seeing a hand specialist, he diagnosed me with Posterior Interosseous Nerve Damage. He said that this was due to the pressure placed on my axilla during surgery.

Now I have trouble doing anything that requires extension of my fingers, and trouble with daily living activities. Additionally, I am a foreign language teacher & I use a teaching methodology that requires me to use hand gestures to communicate the meaning of words.

In conclusion, the impairment of my hand is effecting my ability to recovery from my foot surgery, will effect my efficiency at my teaching position, and has created a large financial & emotional burden, as I have to pay for such things as Orthopedic Hand specialist visits, Occupational Therapy, a custom-made night splint, and expensive EMG & NCV testing. Is there a way to file a medical malpractice lawsuit for the hand damage that resulted from the surgery? Recovery can take anywhere from a month to a year?


Asked on 7/16/06, 9:33 am

5 Answers from Attorneys

Jeffrey Friedman Law Office of Jeffrey Friedman

Re: question about radial nerve palsy resulting from reconstructive foot surgery

As you may know, medical malpractice cases require that you establish a deviation from the standard of care. Your description indicates that you may have been subjected to that. Please call me directly so that we can discuss this further. Jeff Friedman 312-357--1431

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Answered on 7/17/06, 12:23 pm
Michael Favia Favia Law Offices

Re: question about radial nerve palsy resulting from reconstructive foot surgery

It sounds like you may have a case of medical malpractice against your surgeon. In order to proceed with your case, the first thing that we would have to work on is getting access to your medical records. Once all of your records are accessible to us, we would then have an independent surgeon review your file to determine whether the surgeon who performed your surgery adhered to the current applicable medical and ethical standards of care. To have a case, we would have to determine that the applicable standard of care was NOT followed.

Please feel free to contact me for a free consultation. I have been representing malpractice injury victims for over 24 years, which has equipped me with a wealth of knowledge I think you may find beneficial to your potential case.

Sincerely,

Michael V. Favia

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Answered on 7/17/06, 5:33 pm
Nima Taradji Taradji Law Offices

Re: question about radial nerve palsy resulting from reconstructive foot surgery

It is possible that you have a good case of medical malpractice against the surgeon who did the surgery and in the process caused other injuries to your hand.

The only way to proceed is to get your medical records from pre to post surgery and any treatment related to your hand. Once we have all the medical records gathered then we will have it reviewed by a surgeon to see whether your surgeon failed to follow the standard of care in the community in which he practices. If so, then we have a case--otherwise we will not.

In Illinois, in order to file a claim of medical malpractice the court requires that the medical records be reviewed by an independent expert and in affidavit the expert must opine that the standarf of care was not followed and as a result injuries have occurred.

Without this affidavit/opinion, the malpractice lawsuit will be dismissed.

So, the first thing to do in order to see whether you have a claim or not is to gather the entire medical records and have it reviewed.

My office can help you with the review once you have all the medical records.

I hope this helps,

Taradji Law Offices

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Answered on 7/16/06, 2:17 pm
Matt Belcher Belcher Law Office

Re: question about radial nerve palsy resulting from reconstructive foot surgery

The answer to your question is yes (but keep reading).

This is a complicated situation - it would be almost impossible to provide an answer to all variables involved in your case without a copy of the medical records in my hands.

So understanding that limitation, and with that proviso, let me give you some general information and then ask you a few follow-up questions.

Doctors have an obligation to apply the prevailing "standard of care" when treating you. The standard of care is often obvious (amputate the correct limb) but more likely it is a matter of opinion that causes a battle of expert witnesses.

Every medical malpractice case boils down to two simple (but contested) issues: what was the standard of care - and then, did your surgeon "breach" that standard of care?

The axilla is the area on the human body directly under the joint where the arm connects to the shoulder. Anatomically, the axilla is bound anteriorly by the pectoralis major and minor muscles, posteriorly by the subscapularis and the scapula, medially by the ribcage and by the serratus anterior, and laterally by the coracobrachialis and the short head of the biceps brachii. It would commonly be called your �arm pit�.

Now - because your injury involves an area of the body different from the surgery site - where did the pressure come from that would cause your injury? Was this pressure caused by your placement on the operating table or by a medical provider pressing on it? Is this a known complication from the procedure? How would this have been prevented?

Let me know the answers to those questions and I will do my best to give you more guidance.

Matt Belcher

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Answered on 7/16/06, 3:00 pm
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: question about radial nerve palsy resulting from reconstructive foot surgery

I have been representing malpractice injury victims like yourself in Illinois and Indiana for over 23 years. I have read your posting and the posting of the other attrorneys who have repsonded. I agree with the general information that the other two attorneys provided to you.

However, I have some specific questions for you that need to be answered in order for me to respond in a more complete and effective manner. What was the specific nature of the reconstructive surgery? Did you have general anesthesia? Were the risks of the surgery explained to you, and if so, by whom, and were you medicated at the time of the explanation? Did the hand doctor specifically say that there was malpractice by the surgeon or any of his assistants? Have you spoken with the foot surgeon about your condition? If so, what did the surgeon say?

Respectfully,

Burton PAdove

[email protected]

www.indianapersonalinjurylawyer.net

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Answered on 7/16/06, 3:44 pm


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