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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110495
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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In 2006, my orthopedic surgeon did a left knee total joint

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In 2006, my orthopedic surgeon did a left knee total joint replacement. Immediately after the surgery, my left foot was numb. I saw a neurologist who said it was probably nerve damage and that there was nothing that could be done about it. I have received physical therapy, services by a podiatrist; however, no one has been able to come up with a diagnosis. The physical therapist said it was planatar facilitis, and the podiatrist treated me for nerve damage; however, nothing has changed the condition. I currently take Lyrica and Cymbalta for the pain, which enables me to tolerate the pain, but does not completely relieve it. I now must wear soft shoes as other shoes are unbearable. Do I have a case?
Submitted: 6 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 6 years ago.
The biggest problem you have is that in Arizona, a medical malpractice action must be commenced within two years after the cause of action accrues. Ariz. Rev. Stat. Ann. § 12-542. The Arizona court has held that the limitations period did not begin to run until the manifestation of the injury. DeBoer v. Brown, 138 Ariz. 168, 673 P.2d 912 (1983); Commercial Union Insurance Co. v. Lewis & Roca, 183 Ariz. 250, 902 P.2d 1354 (Ct. App. 1995). The statute of limitations is tolled if a claimant is under eighteen years of age, mentally incompetent, or imprisoned. Ariz. Rev. Stat. Ann. § 12-502.

On top of the statute of limitations problem, not all bad results from medical treatment are actionable in court. Even if you did not have the statute of limitations problem, you would have needed a medical expert to connect the problem you are having to some breach of duty of care of the doctor who performed the surgery. If a medical expert cannot attest to the fact that the doctor was operating below the standards of a reasonable doctor with his experience, then you would not have a case either.

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