I had a TKR (Total Knee Replacement). The
next day when the bandages were removed
my knee had a huge black blister/scab. The home physical therapist asked me what happened. I thought it was just part of the surgery. A week later I went for a follow up and the doctor said it was a blister. I had significant pain in the area.
Now here it is 18 months later, after going through lots of physical therapy and drugs, and the pain is still there. Because the surgeon doesn’t take medicare (I became eligible in June 2012) and I didn’t want to pay out of pocket, he referred me to another doctor to “remove a bone spur”.
I saw the new doctor who said he felt I had avascular necrosis of the patella and he wouldn’t operate because of the risks. I am so confused and unable to walk up and
down stairs or do other things without pain.
If avascular necrosis develops after a total knee replacement surgery, is that the first doctor’s responsibility? How can I get this resolved? Thank you.
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.
From the facts you present it seems you are asking if you have some type of medical malpractice claim against the doctor who replaced your knee. You may. Certainly if you can prove the doctor was negligent and as a result of his negligence you suffered (and continue to suffer) pain, you may have a legitimate claim.
Medical malpractice claims should always be pursued by a personal injury attorney with substantial experience in med mal claims. Before deciding whether you want to go further you should probably make several appointments with personal injury lawyers. Most will not charge any fee for an initial office consultation.
If the attorneys conclude you do have a legitimate medical malpractice claim they may be able to suggest the names of one or more orthopedic surgeons who would be able to examine your knee, together with your medical records developed during your initial knee replacement. The results of their examinations will help to determine if you have a legitimate claim.
Learn more here: Lawsuits for Surgical Malpractice
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Best of luck with your claim,
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