Medical Malpractice

Would this constitute medical malpractice?

This is a three part question: 1. Would a surgeon ordering physical therapy of a damaged limb before he/she knew the extent of the injury constitute medical malpractice? 2. Once a surgeon became aware of the seriousness of an injury would their continued ordering of physical therapy to that limb (which they knew could worsen the condition) constitute medical malpractice? 3. Would a surgeon's delaying corrective surgery by almost a year which could risk loss of use of the limb be considered medical malpractice? The injuries suggested here were the result of a traumatic accident in May. Initial x-rays showed only fractured of the shoulder after the shoulder had been "relocated". These x-rays were used as a basis for the ordering of p.t. Three months later, after extensive p.t was ordered, an MRI was ordered. The total results of the MRI were not revealed by the surgeon. The surgeon delayed addressing the extensive shoulder injury until weeks before his office stopped accepting my insurance. Eight months after the initial injury after a surgeon could be found that would address the injury the new surgeon shared that the rotator cuff was completely torn, the shoulder muscle was not attached and and a thread of a torn/tearing tendon is all that is attached to the upper arm. We were informed that surgery is imperative or risk permanent loss of use of the arm. Surgery is scheduled within the week.

Public Comments

1. Probably especially from the facts that you list in point 2.
2. Ummm...yes...yes...and YES. "First.... do no harm" a basic precept of medicine has clearly been violated.
3. You should hire a lawyer in your jurisdiction to get a more definite answer. Generally, medical malpractice requires proof of the following elements: 1. A duty towards a patient to act and provide a standard of care, in a certain manner within the standards of the medical community within the jurisdiction. 2. A breach of duty. 3. Causation (both legal and factual causation). 4. Damages If the surgeon owed a duty to either not order physical therapy or cease it once he or she knew it was doing more damage than good, and within the surgeon's medical community in the jurisdiction, that would be considered a standard of care decision to terminate or not start therapy then there may be a breach of duty. Whether the PT actually caused the limb to be damaged further is one of legal and factual causation.