CA, shoulder, neck issues

[rickadoe]

Hello all. I did some searching and wasn't able to find any info. I hope someone can give me some insight. This is in California.
My shoulder was injured in 12/06(torn rotator cuff, pinched nerve in neck) had 1st surgery(shoulder) in 07. They did nothing about neck. Went through the process(therapy) and went back to work 1/08. Re-injured some time later. Had 2nd surgery in 5/08(repair torn cuff). Went through process again, but this time problems...they took forever to diagnose(company Dr.) Turns out the anchor holding the tendon came off! So I , for some miracle, was in surgery 2 weeks later (10/08) Went through the process again. I still felt some pain after all this. Since the anchor come off I was worried about it happening again. So i told Dr. all he wanted to do was give me more meds. So i finally gave up and requested a new Dr. This process took 5 mos! After all that waiting they found nothing new. I still have some pain. During this whole time I have not worked and stopped receiving state disability. Which put me and my family in a financial bind. I have since filed for ssdi. Still waiting for answer.
Since the 2nd surgery my life has been turned upside down. A nightmare! I am currently being foreclosed on, and trying to save my home. I am pretty sure my credit has been ruined. I have an attorney and he says we have to wait for my rating.
I guess my question is, since the 2nd surgery failed is that my fault? why am I paying the price for the 2nd surgery not working. Can I sue the 1st Dr.? or can I receive more $$ for all this trouble that I am going through. sorry for the long story but i hope no one ever has to go through this. and would like some advice, input, help, reference to look-up, answers, anything? Thanks and god bless!!!....Rich

[Bad Boy Bad Boy]

(((I hope no one ever has to go through this)))

That's why there are so many here.... Because your not the only that has to go through this.

Things happen when a surgery is done, you signed a paper stating you are aware that the screws could come lose, or fall out, or the plate could come lose or fall out. It's a standard form you signed. No money there.

All you can do is search for aide in other places throughout your area and State.

[rickadoe]

well that sux. Great, so all this that we are going through is just "suck it up" and deal with it.... I hear the Ca. workman's comp laws have really made it easy for employers to get away with ruining their workers lives. It seems that they can step all over you, ruin your life and get away with it. what a crock....am I the only one who feels this way? Are we supposed to rely on our attorneys to get the job done on their time? I feel like I am being taken advantage of...

[Bad Boy Bad Boy]

No, we all feel like you.

It's a legal system built around Laws and Rules, best way is to use an attorney as they schooled for it, it's their job, just like we had our jobs.

Oh, it's not just the State of CA, there all like this.... Just some better then others, and some are worse the CA....

[1171]

you can get TTD for any lost time not covered by SDI.
you do not give up any rights for malpractice legal action by having a comp claim but comp is allowed to be reimbursed for it's expenses for the same injury.

comp doesn't pay for trouble or inconvenience just permanent impairment/functional loss.

[rickadoe]

well as they say... we have to be thankful for what we have. it ain't much but its somethin' Thanks for the help and info. its nice to hear from others that understand what we are going through. I will try to keep posted on the outcome of the recent QME visit...