Your Health Defenders

Health Blog


What is a botched up shoulder surgery? What remedies do you have?

Orthopedic surgeries have revolutionized because of emergence of new technological advancements. It is one of the top 5 medical specialties with larger risks of malpractice case. These malpractices are not always because of the negligence of the doctor. Sometimes it is due to lack of knowledge on the new developments. Besides this, there is a higher expectation by the patients regarding the outcome of the surgery because new developments mean higher quality of treatment. Shoulder surgery is also an orthopedic surgery and just like all other surgeries, it is also associated with risks. Botched up surgeries take place when the surgeon is negligent while performing surgery or there can be negligence during the pre-operative and post-operative period. During such times, the patient can seek help of an orthopedic expert witness through a legal representative.

Shoulder arthroscopy- What is it?

Arthroscopy is a surgical procedure in which small holes are made to insert a camera and to get a magnified image on the video screen to find out the problems in the joint. Though the procedure is minimally invasive and the recovery rate is high, patients can face severe complications if the surgeon is negligent. Some of the complications are as follows:

  • Infection on the injury site after surgery
  • Bleeding
  • Clot in the vein
  • Inflammation/Swelling
  • Allergic reaction to anesthesia
  • Nerve/Artery damage
  • Numbness at the injury site

Botched up surgeries take place due to the following reasons:

  • Professional misconduct
  • Failure to take into account the medical condition of the patient
  • Failure to provide medications for recovery after surgery
  • Improper use of equipment

These are some of the instances where the patient can suffer damages. However, the patient can seek compensation for both monetary and non-monetary damages. To get these claims, it is important to seek help from a professional lawyer as they have knowledge and experience to fight on your behalf. They’ll seek medico-legal guidance from orthopedic expert witnesses to understand the complex elements of the case. These expert witnesses are crucial because their opinion and expert reports stands vital in deciding the outcome of the case. The judgment might get delayed and the case can be dismissed without the help of these expert witnesses. The information is however not binding on the jury. But without the help of these experts, it’s difficult to draw a conclusion on the matter. Therefore, an attorney at some of the investigation will seek this help from an expert witness to see if there has been a malpractice. Also, it is important to find out if there has been a contributive damage. This means that the plaintiff, to some extent can be responsible for his own damages. In that case, there are chances of counter-attacks from the defendant. Hence, an orthopedic expert witness will analyze the case thoroughly and determine if there has been negligence. The case records prepared by the witness can either be handed over to the attorney for further investigation or it can be submitted in the court for a final judgment.