Is it considered a violation of the Standard of Care when carpal

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Is it considered a violation of the Standard of Care when carpal release surgery is incomplete? The failed surgery resulted in a 2nd corrective surgery that documents the carpal tendon was not thoroughly cut, resulting in pressure on the median nerve. The initial surgery also failes to relieve the carpal tunnel syndrome.

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Female , Age: 45

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Hi

Thank you for your question

There is no straightforward answer.

If you original operation was performed to a reasonable standard - i.e. to a standard that most surgeons would deem acceptable then there is no question of a violation.

In this scenario you describe it would be one surgeons opinions against another's.

Please feel free to get back to me.

AI

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Reply to Alexander Irvine's Post: What is a reasonable standard for this procedure then? I have no physical abnormalities that would have prevented the surgeon from seeing the tendon clearly. I don't understand what the "Standard of care" is. It seems reasonable that they should complete the procedure thoroughly, and ensure the tendon is completely released. Wouldn't anything less than the completion of the procedure be a violation of standard?

Was the second procedure performed by a different surgeon?

AI

Reply to Alexander Irvine's Post: Yes, it was performed by a different Dr., who is a hand specialist (the first was a neurosurgeon).
However, the first Dr. diagnosed the "Incomplete
release" at a follow up visit a year later, and told me the first surgery failed, I still had carpal tunnel and needed the surgery again. I also had another nerve conduction test done, establishing that I still had carpal tunnel syndrome after the first surgery. Thanks, Jane

There is a failure rate for all operations.

It would be difficult to prove any shortcoming in your care especially if your original surgeon has done the procedure many times.

AI

Reply to Alexander Irvine's Post: Hi again, just one more question, Why would it be difficult to prove if I have both the nerve conduction study confirming carpal tunnel (post surgery) AND the 2nd doctors surgical notes establishing that the carpal tendon was still intact and could be seen during the corrective surgery? Isn't the standard of care for a surgical procedure the proper completion of the surgery,
unless extenuating circumstances make that impossible? What then is the standard?

Hi

How long after your fist op did the symptoms take to return?

AI

Reply to Alexander Irvine's Post: The symptoms never got better. I also had new symptoms, my middle finger and thumb were completely numb. This is well documented in ER visits, and follow up care notes immediatly after the first surgery. My middle finger remains numb, 2nd surgeon said this was due to pressure on the median nerve from the incomplete release.

Doesn't the fact of not doing the procedure thoroughly constitute a violation of the standard of care?

From what you have told me I would have to conclude that your original operation was unsatisfactory and that the standard of care you received was inappropriate.

This assumes that there were no technical problems at your original operation and that your symptoms afterwards and findings at your second operation were not common complications.

AI

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Is it considered a violation of the Standard of

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