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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 117401
Experience:  Licensed Attorney. Over 20 years experience in personal injury and law enforcement.
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I recently had UCL surgery and I have permanent nerve damage

Customer Question

I recently had UCL surgery and I have permanent nerve damage in ring and pinky finger. Another surger tied to reverse the damage but it failed. Is the first surgen liable for my loss.
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Customer: Do you see my question above?
JA: What state are you in? It matters because laws vary by location.
Customer: California
JA: Has anything been filed or reported?
Customer: Not as yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: My original surgen that did the UCL surgery did my rotator cuff surgery 6 years ago and new of my history of scar tissue. The second surgern that tried to reverse the nerve damage said it was from scar tissue.
Submitted: 7 months ago.
Category: Personal Injury Law
Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, not all medical procedures or treatments have a positive outcome, but not all procedures that do not have a positive outcome are malpractice, sometimes procedures just do not work or have side effects. Under CA law, in order to have a claim for malpractice against the doctor, you have to prove that the first surgeon actually did something below the reasonable standard of care (negligent) that caused the scar tissue. The surgeon performing the surgery is not generally liable for formation of scar tissue, even if you had a history of it and you would need a medical expert to determine it was something the first doctor did that was negligent that caused this scar tissue.
If you have a doctor who can testify that something the first doctor did actually caused this to happen to you, then you could sue in court for malpractice.
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