I had total knee replacement surgery June 2014 and kept telling the Dr that it seemed “too big” because I couldn’t straighten out my knee past 45 degrees and bend it 85 degrees. They kept saying “give it time and see what happens.”
I was in tremendous amounts of pain. I was put on very high doses of narcotics that made it somewhat tolerable. I finally went to another Dr and he performed a revision total knee replacement in Feb 2015. The second Dr told us that he felt the femoral component was slightly displaced distally, lowering the joint line and preventing extension, and that it was distal femoral malpositioning.
Is the first doctor at fault for not putting the first one in correctly? Would I be entitled to compensation for all my pain and suffering from the first surgery? 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.
It appears you want to know whether or not the first doctor committed medical malpractice, and if so, if you will be entitled to damages. In malpractice claims, damages can include compensation for additional medical and/or therapy bills, out of pocket expenses, lost wages, and pain and suffering.
You must understand the definition of medical malpractice. Generally speaking, medical malpractice occurs when a doctor’s acts or omissions fall beneath the medical standard of care in the community in which the doctor practices, and those acts or omissions cause injury or harm to a patient.
To begin, you will need to gather from your first doctor copies off all your medical records. They will have to be reviewed by a medical expert to determine whether or not the doctor’s actions or omissions constituted malpractice. If that is the case, then you may have the basis of a med mal claim.
Medical malpractice claims should never be handled without the advice and counsel of an experienced attorney. Of you want to pursue the claim, contact several med mal attorneys in your area. Most will not charge for an initial office consultations.
Take along copies of your medical records. The attorney can review them and decide whether or not medical malpractice occurred. Of so, the attorney will have one of his or her medical experts review the records and go from there.
Because malpractice attorneys accept cases on contingency basis, you will not have to pay any legal fees or costs until, and unless the attorney succeeds in settling your case, or winning it at trial.
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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