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Maverick, Attorney
Category: Legal
Satisfied Customers: 6391
Experience:  20 years experience as a civil trial and appellate lawyer
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The sidewalk to my house started to lift up. I tripped on

Customer Question

The sidewalk to my house started to lift up. I tripped on it and sustained a "Terrible triad" break to my elbow. The house has other structural defects and I am now in a suit against the builder and am not allowed to have the sidewalk repaired until it is settled. It has now lifted about two inches high. I had to have an elbow replacement which, at the first follow up appointment with the surgeon, had failed and the device was "pistoning". The doctor assured me that this would cause a lot of pain in the future and he wanted to insert stabilizer pins into the joint to hold it in place until it could heal. These pins are drilled into the bone and protrude from the skin several inches. While drilling in the pins he accidently caught the radial nerve and wound about 2 cm of it around the pin. This cost me the use of my hand. He operated the next morning to remove the pins and tried to reattach the nerve but without success. I have since had another surgery to redirect tendons in my arm to allow me to raise my hand and grasp but there is no strength in the hand or dexterity. I am typing this with one finger. I would accept this as 'stuff happens' except for the pain from the still pistoning elbow. My hand goes from numb to root canal several times a day, it wakes me up at night. Do I have any recourse with the builder or the surgeon?
Submitted: 2 years ago.
Category: Legal
Expert:  Maverick replied 2 years ago.
Welcome. My name is Maverick. I very much enjoy what I do and I hope that you will benefit from the information or assistance that I provide.
What does the law firm that sued the builder on your behalf say about all this and is that the Phillips firm?
Customer: replied 2 years ago.
Not Phillips. Its Kasdan. They are representing 70 home owners in this area. I mentioned this to them and got no response whatever.
Expert:  Maverick replied 2 years ago.
Kasdan probably did not respond because they do not do medical malpractice cases.
The upshot of this appears to be as follows:
Assuming breach is proven against the builder, it should be held liable for repair to the sidewalk/home and for your medical bills and pain and suffering if the surgery had gone as planned.
Assuming breach is proven against the surgeon for medical malpractice, that doctor should be liable for any extra medical bills caused by his negligence and any extra pain and suffering and time off of work, and disability etc..
While we are not permitted to refer a lawyer to you, you may want to contact your State Bar:
I would seek a med mal lawyer with at least 10 years experience and one that has tried at least three jury trials. Most MM lawyers will agree to meet with you for a free consult to see if they will take your case on a contingency fee basis. If they do, it is usually for 33% if the case settles before trial and 45% if the case goes to trial.
You will want to have 5 years of your medical history in hand before you meet with the lawyer.
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Thank you for using Just Answer. Best wishes for 2015!
Customer: replied 2 years ago.
Thank you, Maverick
I will follow your advice. I am much encouraged.
Expert:  Maverick replied 2 years ago.
Your welcome...