Legal Question in Medical Malpractice in New York

Shoulder Surgery gone Bad?

I was having some weird pain in my shoulder and wanted to make sure it was nothing serious. I went for an MRI and I was diagnosed with a paralabral cyst with a probable labral tear. I had arthroscopic shoulder surgery in January. I went in for surgery and the scapal cracked while he was cutting one of the incisions. The piece that broke off fell down to my collar bone. He ended up having to give me an acromioplasty to get the scapal blade out. He had to split my deltoid in half to get to the bone. After the surgery I requested the medical records regarding the surgery and it turns out when he went in there there wasn't even a cyst!! I didn't even need the surgery in the first place. Now I have a 4'' scar right on the top of my shoulder and I am still recovering.

Is there anyone I can sue for this? The scapel manufacturer? MRI Lab? This is crazy.

I don't know what area of law these would fall under.

Asked on 6/01/09, 3:10 pm

3 Answers from Attorneys

John Harwick, Esq. Hacker Murphy, LLP (

Re: Shoulder Surgery gone Bad?

I sounde like a medical malpracice case and/or a products liability case. You shoud have a local attorney review the medical records.

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Answered on 6/01/09, 3:26 pm

Michael E. Zuller Zuller Law Offices

Re: Shoulder Surgery gone Bad?

Interesting fact pattern here. Issue one is whether the surgery was indicated. If your doctor proceeded with a surgery other doctors would not have done, and a complication ensues, you've got a theory on which to build a case. Best, M. E. Zuller

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Answered on 6/01/09, 4:30 pm
Pasquale Calcagno Calcagno & Associates, PLLC

Re: Shoulder Surgery gone Bad?

I am so sorry for your terrible ordeal. It is estimated that 50,000 people die from medical mistakes every year. As such, I am not surprised with your story at all. It appears that you may have a med mal case against a number of defendants. Your case may fall under a mis diagnosis case or a products liab case. You may call me, Pasquale Calcagno, Esq., for a free consultation at 1(800)WE-FIGHT. You can also visit us on the web at for helpful resources regarding medical mal cases. I look forward to speaking with you and fighting hard for your rights.

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Answered on 6/01/09, 6:22 pm

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