Quote:
Originally Posted by Dr. Smith
Hi Kat,
IANAL, and that's who you should ultimately consult. Many/most will consult for free to get the facts and determine if they're interested in taking the case on contingency. However, medical malpractice is very difficult to prove.
Elements 1, 3, & 5 are the easy ones. It's elements 2 & 4 that are difficult to prove legally, and expert testimony is usually required.
The release you signed may also be a factor. Regardless of what the surgeon told you verbally, if the release states in writing that nerve damage was a possible outcome, that will likely supercede any verbal statements, and serve as disclosure/informed consent.
All that said, I'm just some guy on the internet—you really need to talk to an experienced medical malpractice attorney about this. They are in a better position than anyone here to evaluate your case and any statutes that apply in your state/province.
Sincerely hoping the best for you,
Doc
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Thanks! I appreciate the advice. I know I probably should just talk to a lawyer but I don't exactly trust lawyers. I don't want to spend a lot of time and money on a lawsuit that I'm not likely to win but I am upset that the surgeon told me very different things before and after the surgery about the risk level. And at the very least I should have been offered an EMG sooner instead of just being told to deal with the pain since it was "only temporary".