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Medical Malpractice/Phrenic nerve injury


I am writing this for my mom.  She had surgery in 4/12 for lymph node sampling (consent form).  She now has a unilateral right-sided diaphragm paralysis.  I understand no surgery is risk-free.  The issue I have is the doc did not just perform a lymph node sampling but two wedge resections (not on consent form).  Also, they did not tell her about the phrenic nerve damage prior to discharge.  She did not know she could not breathe with movement until she got out of her wheelchair to get into the car.  No discharge teaching.  No explanation of her future complications with this injury.  I am in process of getting medical records, CXR, progress notes, discharge instructions etc.  Once again, my question is not pertaining to the fact that it was damaged (there is a risk of course)...but the followup care and lack of disclosure regarding her future limitations.  A once VERY active woman cannot walk 10 yards with her oxygen without becoming severely dyspneic.  She is on O2 24/7.  Her life is severely disabled.  She has lost 30 pounds...the list goes on and on.  Thank you for considering this question.  Sincerely,  Linda Kaiser

LInda, I have not handled this type of injury. Best thing to do is to consult a local medical malpractice attorney and have him obtain the complete records and review them with an expert.

Here's an article to get you started...

Please be aware that there are short time limits in every state to file suit, so do not delay.

Good Luck,

Ed Smith

Medical Malpractice

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Edward A. Smith


California Personal Injury lawyer with 18 years of experience handling automobile accidents, dogbites, slip and fall cases as well as medical malpractice cases will answer your questions regarding these areas. Valuestar Certified. Author of "Top 20 PI sites on the Internet" for Law Office Computing Magazine

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