I had surgery for a broken ankle and the doctor put the screw in my ankle wrong. The screw was rubbing on my tendon, causing a lot of pain, so I went back and he said we needed to operate again. I asked why he said it would be there for a year and he told me not to worry and that everything would be okay.
He said he couldn’t do the surgery for another two weeks since he was “booked solid”. I later found out he he went on vacation. Because of the way he treated me I went to have a second opinion from another surgeon. The new doctor said I had tendonitis and arthritis in the ankle and may not walk the same for a long time. He said I will be like this for maybe another year.
Can I do anything about the fact the first doctor put the screw in my ankle wrong and now I have to deal with this pain for probably another whole year?
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.
If the primary doctor will admit he improperly placed the screw in your ankle there is a good argument you shouldn’t have to pay for an additional surgery.
In addition, if you are able to confirm the improper placement of the screw caused the tendonitis and arthritis, you may have a legitimate claim for damages. This can include compensation from the doctor for any additional medical bills and your out of pocket expenses, like crutches, the costs of hiring public transportation, etc.
In addition, if the doctor’s error results in your having to miss work, you may also have a claim for compensation for your lost wages.
Finally, and once again, if the mistake can be confirmed, you should be entitled to compensation for the unnecessary pain and suffering you have endured and may have to endure for the next year.
Take it a step at a time. If you aren’t satisfied with the primary doctor’s answers, seek medical treatment from another orthopedic surgeon. If the new orthopedic surgeon will confirm the primary doctor placed the screw in improperly, you may have the basis of a medical malpractice case.
If your suspicions are confirmed by another orthopedic surgeon, and you want to pursue a civil action against the primary doctor for damages he caused, contact a personal injury attorney. Because any civil action against the primary doctor will be considered an action for medical malpractice, you will need the advice and counsel of a personal injury attorney.
Few, if any doctors will ever admit to malpractice. As a result the case will be hard fought. You’ll need a tough and experienced personal injury attorney to advocate your position. There are many excellent personal injury attorneys your area. You would do well to visit with several of them whose practices concentrate on medical malpractice cases.
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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