Can Shoulder Impingement Require Surgical Repair?
Shoulder impingement, a common injury in motorcycle accidents due to the forces involved in a crash, occurs when tendons of the rotator cuff become compressed within the shoulder joint. While many cases respond well to conservative treatment—physical therapy, anti-inflammatory medication, and rest—some require more aggressive intervention, including surgical repair. The decision to pursue surgery is complex and depends on the severity of the impingement, the extent of the rotator cuff damage, and the individual’s activity level and overall health.
Initially, non-surgical options are always explored. These treatments aim to reduce inflammation, restore range of motion, and strengthen the surrounding muscles. However, if these methods fail to provide adequate relief after a reasonable period—typically 3 to 6 months—surgery may be the next logical step. It’s crucial to understand that surgery isn’t a guaranteed fix, and it comes with its own risks and recovery period. As a personal injury attorney with over 13 years of experience in San Diego, I’ve seen firsthand how insurance companies often try to downplay the seriousness of shoulder injuries, pushing for quick settlements that don’t adequately cover the long-term costs of treatment, including potential surgery.
I was trained by a former insurance defense attorney, giving me intimate knowledge of how insurance companies evaluate, devalue, and deny claims. They understand the financial implications of surgery and will scrutinize every aspect of your medical history to find reasons to minimize their payout. That’s why it’s vital to have an advocate who understands their tactics and can fight for your rights.
What types of shoulder surgery are used to repair impingement?
Several surgical options exist for shoulder impingement, each with its own benefits and drawbacks. Arthroscopic surgery is often the preferred method, as it’s minimally invasive, involving small incisions and a camera to visualize the joint. This allows the surgeon to remove bone spurs, repair damaged tissue, and release tight ligaments. In more severe cases, open surgery may be necessary to address significant rotator cuff tears or instability. The specific technique will be determined by your orthopedic surgeon based on the unique characteristics of your injury.
The goal of surgery is to create more space within the shoulder joint, alleviate pressure on the tendons, and restore proper function. However, it’s important to remember that surgery is just one component of the recovery process. Post-operative rehabilitation is crucial for regaining strength, range of motion, and stability.
How long is the recovery process after shoulder impingement surgery?
Recovery from shoulder impingement surgery varies depending on the type of procedure performed and the individual’s healing process. Generally, you can expect several months of rehabilitation, starting with limited range of motion exercises and gradually progressing to more strenuous activities. Full recovery can take 6 to 12 months or longer, and it’s essential to follow your surgeon’s instructions carefully to avoid re-injury. Returning to work, especially a physically demanding job like construction, will depend on the severity of your injury and the requirements of your position.
What if the insurance company claims my shoulder injury isn’t serious enough to warrant surgery?
Insurance companies frequently question the necessity of surgery, particularly when it comes to soft tissue injuries like shoulder impingement. They may argue that conservative treatment should be sufficient or that your injury is pre-existing. It’s crucial to have strong medical documentation supporting the need for surgery, including reports from your orthopedic surgeon outlining the severity of your injury, the failure of non-surgical treatments, and the potential benefits of surgery. We can help gather this evidence and present a compelling case to the insurance company, highlighting the long-term consequences of delaying or avoiding surgery.
What damages can I recover if I require shoulder impingement surgery after a motorcycle accident?
If you require shoulder impingement surgery due to a motorcycle accident caused by another driver’s negligence, you may be entitled to recover a wide range of damages, including medical expenses (past and future), lost wages, pain and suffering, and loss of enjoyment of life. The value of your claim will depend on the severity of your injury, the extent of your medical treatment, and the impact it has on your daily life. It’s important to have an attorney who understands the complexities of shoulder injuries and can accurately assess the full value of your claim.
How does California’s comparative fault law affect my shoulder impingement claim?
California is a ‘pure’ comparative fault state, meaning you can still recover damages even if you were partially at fault for the accident. However, your total compensation will be reduced by your percentage of fault. For example, if you are found to be 20% at fault for the accident, your recovery will be reduced by 20%. Insurance companies often try to argue that motorcyclists were speeding or riding recklessly to justify reducing their payout. It’s crucial to have an attorney who can investigate the accident thoroughly and present evidence to minimize your percentage of fault. Civ. Code § 1714 outlines the principles of comparative negligence in California.
