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Attorney Charles Ware is a founding principal of the Maryland-based national medical malpractice law firm of Charles Jerome Ware, Attorneys & Counselors, LLC. For an initial courtesy consultation, contact us at www.charlesjeromeware.com, charlesjeromeware@msn.com, (410) 730-5016 or (410) 720-6129.
Brachial Plexus Injury Post Rotator Cuff Surgery: The case presented.
Case Overview:
The plaintiff/patient had right rotator cuff surgery on November 28, 2012. Her right brachial plexus nerve bundle was stretched during the surgery. She is now unable to participate in her ADL's since she's right-handed. The EMG studies show some improvement in her conduction studies, but functionally her right hand is still unable to work properly. She has shooting pains in her right upper extremity and her fingers that ranges from 5 - 10 and averages 7.
Issue:
Is it malpractice to receive a stretch injury to the right brachial plexus nerve during a right rotator cuff surgery ?
Expert opinions:
Not necessarily. Generally, most likely there should be an intervening negligent event that occurred during the surgery in order to have a malpractice issue.
[medQuest, 05/22/2014/curbside counsel]
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