I was in a car accident with a car rental. I fractured my leg right under my knee. I went into surgery and I am now in physical therapy. After the surgery I had X-rays taken. To me and my wife the screw seemed VERY long. It reached all the way across and almost through the other side of my leg.
I waited to see what the doctor had to say after seeing my X-rays. The first thing he said was the same thing, the screw is VERY long. I then saw another doctor that said the screw was abnormally long and that I would most definitely need to replace my knee in the foreseeable future.
Is there any lawsuit that can come of this? Shouldn’t the doctor who performed the surgery badly be responsible for any costs to fix it? Thank you for your time.
Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.
While you have three doctors telling you the screw was quite long, none of them seems to have said the length of the screw was dangerous to your health, or that it’s length is the only reason you will need a knee replacement. From the facts you present, the last doctor simply said you will likely need a knee replacement.
If, though, the last doctor’s opinion was that your knee wouldn’t have to be replaced “but for” the abnormal length of the screw, then you may have the basis of a medical malpractice case.
If you do have a malpractice case, you will need the advice and counsel of an experienced attorney. Medical malpractice cases are very complex, and always hard fought. To win your case your attorney will have to retain medical experts who, after examining the facts of your case, will have to agree the length of the screw was the direct and proximate cause of your having to seek a knee replacement.
Expert witnesses are quite expensive., and medical malpractice cases are rarely settled unless a lawsuit is filed. As a result, your attorney will have to file a lawsuit, conduct pretrial discovery, including the taking of depositions, interrogatories, and probably fight several contested pre-trial court hearings.
If you are convinced medical malpractice occurred, then begin seeking out several med mal attorneys in your area. Most have excellent websites which show their experience and past successes. Moreover, most reputable attorneys do not charge for initial office consultations. You have nothing to lose and everything to gain by meeting with several of them.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.
Best of luck,
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