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Brandon M.
Brandon M., Attorney
Category: Personal Injury Law
Satisfied Customers: 12620
Experience:  Attorney at Law
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I have just gone through the second shoulder replacment

Customer Question

i have just gone through the second shoulder replacment surgery as the first one was a case of negligence. the second surgery was done May 31, 2016, I am now partially paralyzed in my right shoulder. cant lift my arm above my shoulder. I have been to 3 shoulder specialists they believe another surgery could be to risky an cause me no improvement as my rotator cuff has been torn and my glenoid slightly cracked.
JA: Since laws vary from place to place, what state is this in?
Customer: New Port Richey, Florida
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: It keeps me from functioning at my job and filming a CD for senior fitness.
Submitted: 9 months ago.
Category: Personal Injury Law
Expert:  Brandon M. replied 9 months ago.

Hi, my name is Brandon. I am a licensed attorney. I'm so sorry to hear about all of this. How might I help?

Customer: replied 9 months ago.
Do I have a claim against both original doctor and recent
Expert:  Brandon M. replied 9 months ago.

When was the first surgery performed?

Customer: replied 9 months ago.
2010
Expert:  Brandon M. replied 9 months ago.

The Florida statute of limitations for medical malpractice in Florida is generally two years from the date that the injured party knew or should have known that the malpractice occurred, so the issue of why it took six years to bring suit would have to be addressed. I am generally not optimistic when so much time has passed.

​As for whether there is a claim against the second (or either) doctor, the question isn't whether there is a bad result-- every person's body is different, and a physician can do everything right but still have a negative outcome. The question is whether the physician provided the standard of care that a reasonably competent and skilled health care professional, with a similar background and in the same medical community, would have provided under the circumstance​s. If the second physician failed to provide that standard of care and if damages resulted, you would have a case. Otherwise, you would not.