What can I do if the doctor messed up a nerve in my hand?
Question Details: I had open carpal tunnel surgery and now my other 2 fingers are like I have no feeling it in. I had feeling in those fingers be for the surgery. The doctor did say they ran in to a complication but all they say was a blood vessel was in a spot it wasn't supposed to be. What do I do? FMLA is running out and I feel like I'm about to lose my job as I will have to go back with no restrictions. When I know there are restrictions to my hand as to I do assembly work.
Medical malpractice is negligence which is the failure to exercise due care (that degree of care that a medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).
At this point, there wouldn't be a medical malpractice case because the doctor said you are "still recovering".
However, if there isn't improvement in your two fingers, you may want to get a second opinion from another doctor. If that doctor writes a medical report, after reviewing your medical records, supporting a medical malpractice claim then pursue your malpractice case.
It may be possible to settle the case with the first doctor's malpractice insurance carrier. Your claim should include your medical bills, medical reports and documentation of wage loss.
Compensation for the medical bills is straight reimbursement. The medical reports document your injury and treatment and are used to determine compensation for pain and suffering which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursment.
If the case is NOT settled with the malpractice insurance carrier, your lawsuit for negligence against the doctor must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.