Visitor Question

Can I sue my doctor for improper knee replacement surgery?

Submitted By: Anonymous (USA)

A year ago I had to have a partial knee replacement surgery. Within 2 hours of me being under the knife my husband was told by the doctor that I would need a full replacement.

Within 3 months I was not recouping properly and had scar tissue build up. So the Dr. went and did a manipulation of the knee. Everything seemed to go okay but by the 2 month mark my knee started to not do well again.

I went back and forth with the Dr. for about 3 months complaining about the pain. Finally 2 months ago the Dr. agreed for me to get a second opinion. The new Dr. said that the replacement was “failing” and was not angled properly, and not anchored into the bone properly.

I had surgery 5 days ago and my knee feels better than the first time around. I asked the new Dr. if it was faulty. And he said there seemed to be no sign of that. When I looked at my x-rays I could clearly see that both parts were properly done and not just glued on. I am able to walk on my knee now 5 days post op vs. being unable to all of last year.

Can I sue the first doctor for not doing the replacement properly, which caused me lots of pain and disability last year? Any information you can give would be helpful.

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.

Answer

Dear Anonymous,

You may have the basis of a medical malpractice claim. If so, you have a long road ahead. Medical malpractice claims are very complicated, and normally hard-fought by doctors and their insurance companies. You will definitely need an experienced attorney to handle your case. It’s just not feasable for a claimant to handle a med mal case on their own.

Before you go any further do some research and find several personal injury attorneys in your area. Be sure the ones you choose have substantial experience in medical malpractice cases. Before making any appointments request copies of all your treatment records and medical bills. You’ll need copies of medical records and bills from your first and most recent doctor. Be sure you get x-rays, MRIs and CAT Scans, and any other diagnostic examinations you had.

Make several appointments with medical malpractice attorneys. Be sure to bring with you to the appointments all your medical records and test results.

Most malpractice attorneys do not charge any fee for initial office consultations. Once you find an attorney you are comfortable with you will sign a contingency fee agreement. The agreement will make clear you will not have to pay any legal fees or any investigative costs at all until, and unless your attorney succeeds to settle or win you case at trial.

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: June 21, 2013

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