Can I sue for malpractice because my shoulder replacement surgery had prolonged complications? - Injury Law Questions and Answers- LawQA.com

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Can I sue for malpractice because my shoulder replacement surgery had prolonged complications?

I went and had a shoulder replacement done on 6/2/14. When I awoke I could not walk or even stand up. It took 6 months before I could walk, I spent 77 days in a nursing home, had home health care for awhile gut it took longer than that. The doctor said he did everything right but they can't tell me what went wrong. It cost me a lot of my own money plus my insurance, is there anything I can do.

Answer By James P Kelaher
Kelaher Law Offices, P.A.
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No, you cannot sue unless some orthopedist diagnoses your condition and you find an orthopedic surgeon who is willing to testify that your shoulder is like it is because the original orthopedic surgeon deviated from the standard of care, causing the problems you are experiencing. Florida even has a statute that says a bad result cannot be used as evidence of malpractice. Don't think about a lawsuit, think about finding a doctor who can fix the problem you have.


Answer Applies to: Florida
Replied: 5/21/2015

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