Botched Knee Surgery...

by Harry
(Austin, Texas)

My wife has had 3 major knee surgeries so far, and other procedures to clean up some cartilage. But the pain has only gotten worse, so eventually she got a partial replacement. This didn't work either so she went back to the surgeon and he told her to go to pain management.

The knee became worse and worse so my wife went to a different orthopedic doctor who did a complete knee implant. This went well for about 2 months. In this time she was subjected to some physical therapy that I thought was a little too intense right after the operation (trampoline, etc).

The knee remains swollen and is getting worse and worse daily. Three months later the doctor suggested a bone scan and the results showed a loose bottom piece in her bone, and that an infection had likely started (septic). Now they want to go back in and fix the loose knee piece.

Who is going to pay for all this surgery? I would like to know who is at fault here for the botched knee surgery, loose piece of bone, and if there's anything we can do about the continued incompetence of the doctors? Thank you.

Visitor Question:
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ANSWER for "Botched Knee Surgery...":

Harry (Austin):

The primary question will be whether the doctor(s) were as you say “incompetent”. They may very likely have been, but being able to prove their incompetence will be very difficult to do. You are referring to a medical malpractice case or cases, depending upon which doctors you believe committed medical malpractice.

From the facts you present it's quite apparent your wife has undergone a tremendous amount of pain and discomfort. The doctor’s failing to find the loose bone and infection is going to be the point of debate, or the basis of any lawsuit you consider filing.

There are some personal injury cases we think can be handled without the need of an expert personal injury medical malpractice attorney, yours is not one of them. Your wife’s case cries out for legal representation.

To pursue a legal claim against any doctor takes a tremendous amount of work and expense to complete properly. The good news is most personal injury medical malpractice attorneys will not charge you and your wife for an initial office consultation.

If they decide to accept the case they will “front” all the costs of the lawsuit. That way you won’t have to pay in advance for expert testimony, depositions, interrogatories, and all the other expenses which are necessary to prevail in this type of lawsuit. The attorney works on a contingency fee basis of usually anywhere from 33.3% to 40% of the total settlement. If the attorney loses the case, you owe her nothing.

Consider a visit to several local qualified personal injury medical malpractice attorneys. Once you consult with them you and your wife will have a much clearer understanding of what goes into the lawsuit, and your chances of success.

Since laws change frequently, and across jurisdictions, you should get a personalized case evaluation from an attorney licensed in your state (if you haven't already). Find an experienced local attorney to give you a free personal case review here.

Best of luck,

Judge Anthony

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