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 Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118722
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Type Your Legal Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

In 2006, my orthopedic surgeon did a left knee total joint

Resolved Question:

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: 7 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 7 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.

I hope you found my answer helpful, please click on the GREEN ACCEPT button above for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at or beginning your question with “For PaulMJD…”

Law Educator, Esq. and 3 other Legal Specialists are ready to help you