Wrist plate & screws came loose after surgery...

by Kent
(Belen, NM)

I broke my wrist and had surgery where a plate and screws were inserted. After the surgery 10 days later I went for follow up. The screws came loose and I had to go through another surgery. The surgeon used another plate and screws. I'm paying for a portion of the surgeries and don't feel like I did anything that should of caused them to come loose.

Each surgery cost approximately $15,000 dollars. I don't want my insurance company paying for anything they should not pay for either. I also lost work and suffered a lot of pain. What do you think my case is worth? Is this medical malpractice for the doctor not installing the plate and screws correctly? Should I have to pay for 2 of the same surgery just because the doctor made a mistake or did a poor job? Thank you.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Wrist plate & screws came loose after surgery...":

Kent (Belen, NM):

You will need medical evidence supporting your claim of medical malpractice. That's your starting point. Your second step is visiting with several personal injury attorneys whose practices concentrate in malpractice. Medical malpractice claims should always be handled by an experienced attorney. You would be best served by visiting with several until you come across one in whom you have confidence.

If your insurance is paying for both surgeries and you feel medical malpractice occurred, they may "subrogate" against the doctor. If they subrogate that may affect any separate settlement or court verdict you might eventually get. You'll have to read your insurance policy.

The most important aspect of your case is your health. Do not hesitate to have surgery because you're waiting for your insurance company to intervene. Under the law you have a legal duty to mitigate your damages. If you fail to follow through and your condition worsens, you may have waived your right to recover damages resulting therefrom.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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