Visitor Question

Botched knee surgery and billing problems

Submitted By: Diana (Ocean Springs, Mississippi, USA)

I had my 1st knee surgery in June 2009 and was in constant pain afterwards. I went to the doctor for a check up, he x-rayed the knee and had me come back in 8 weeks. When I returned I was told he felt I had a fracture and needed surgery again asap because he feared the tibial plateau was going to break and come thru the skin.

So I had the 2nd surgery 6 months later in December 2009. Then 2 months ago I got a call from a collection agency saying the orthopedic doctor had turned me over to them.

I wrote to the doctor and he called me and did apologize. He said he would take care of the billing issue. He then asked how my leg was doing. I said it was still bothering me and it clicked when I walked. He said he would like if I were to let him continue to be my orthopedic doctor.

My question is: If I were to write to this doctor again asking him to compensate me for the limp and pain I still have to this date do you think I will get this issue resolved?

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.


Dear Diana,

From your question, it sounds as if you are considering a medical malpractice claim against your doctor. You should know at the outset that medical malpractice is very difficult to prove.

It requires you to establish that the medical professional fell below the standard of care for like physicians/surgeons with his education and experience in the community.

You would have to establish that he was negligent and fell below the standard of care in performing your surgeries.

While you can try to submit a claim to your doctor’s liability insurance it is rarely this easy. Typically these cases require medical expert testimony from other surgeons who would attest that the conduct of your surgeon fell below the standard of care required.

In reality, this may have been an unavoidable circumstance that is related to the body and individual healing vs. medical malpractice. As I said however, you can always attempt to submit a claim and see what comes of it.

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,

Published: October 16, 2010

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