How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Roger Your Own Question
Roger, Attorney
Category: Legal
Satisfied Customers: 30909
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Type Your Legal Question Here...
Roger is online now
A new question is answered every 9 seconds

I had knee replacement surgery 7/18/12. I was in the hospital

This answer was rated:

I had knee replacement surgery 7/18/12. I was in the hospital for approximately 90 days plus a bit of time in a interim care facility. I have had 6 surgeries since and the surgeon wants to do one more to remove scar tissue. I can't walk, (am in a wheel chair),my knee is frozen at about 90 degrees and am in constant pain. At one point the surgeon said that there was no infection prior to surgery, later he said that there was a possibility/probability that there had been. There was necrotic tissue and 6 bacteria, 2 of which have had significant mortality rates. I went for a second opinion and was surprised at the comment that the dr. made. He said has had several patients from this dr. with serious problems, the dr. had been kicked out of 3 hospitals in the area and he didn't think there was anything that anyone could do. He suggested I see a dr. at the University of Washington, which I am going to do. Considering what I have told you do you think there is a case for malpractice here?
Hi - my name is Kirk and I'm a litigation attorney. Thanks for your question.

In a legal malpractice case, whether or not you have a cause of action depends on whether or not your treating physician or medical provider fell below the applicable standard of care in treating you - - this is generally considered to be what a reasonably prudent physician would have done in the same situation.

The fact that your surgeon may have a reputation for being negligent or making surgical mistakes, that may make it easier to make a case of negligence. '

Based on the multiple operations, it would seem like there may be a breach of the standard of care, but I can't say definitively - - you would have to consult an expert witness/physician and have him/her review your records and to provide you with an opinion. That said, you should consider consulting a local personal injury attorney about pursuing your case.

Related Legal Questions