Medical Malpractice/Ulnar nerve
My brothers child suffered an injury to the arm in a college athletic game. First symptoms to trainer immediately were tingling in fingers and numbness in hand. Extreme swelling caused dr. To send to ER The next week had an MRI to check ligaments in elbow area. No complete tears in any ligament or tendon so ortho suggested rehab 2 times a week. Trainer decided to change that on own and did rehab 5 times a week. Child continued to complain about pain numbness and tingling but experts continued to say it was just a bad injury and continued to rehab 5 times a week. Finally at 3 months of continued pain and numbness and no improvement in strength child came home and a friend in med field looked at it and in 5 min said ulnar nerve entrapped. Friend asked what trainer was doing for rehab and said trainer should not have been doing any of those things. So decided to get a second opinion from another ortho who agreed and ordered emg. Results for ncv for ulner were virtually nonexistent so 2nd ortho recommended ulnar nerve transposition. Did surgery and Second ortho thought should be able to play again in 3 months. Well it has now been 2 months post surgery and there is virtually no improvement. Ortho that did surgery thinks there was significant damage done to nerve probably immediately and is now saying it may take 6 month- 2 yrs to recover. Team ortho is saying prob 6 mo -a year and may have numbness forever. So may never play again and that is what is paying for education. And may have numbness forever Should team ortho and trainer be held responsible for mismanagement in first 3 months.
Sorry for the delay..been out of toen.
Here's an article that may help. http://www.ncbi.nlm.nih.gov/pmc/articles/PMC155425/
In general, there can be liability.
The real issues are whether or not the treatment provided was beneath the standard of care. If the subsequent Drs. testify as you indicate it may be possible to prove that on their testimony alone.
THe other key issue is whether the damages are large enough to merit a malpractice suit. These cases can be very expensive to move forward. At this state its unknown what the future medical costs and possible long term effects would be.
THere's also a short statute of limitation involved for these suits so your brothers child should consult an experienced medical malpractice attorney immediately.
I have an extensive network of excellent attorney throughout the United States that I know.
I'd be glad to refer him to someone with an excellent reputation if you'd like.
Give me a call.
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