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 Delta-Lawyer Your Own Question
Delta-Lawyer, Attorney
Category: Personal Injury Law
Satisfied Customers: 3546
Experience:  Exeperienced Civil Litigator for both Plaintiffs and Defendants
Type Your Personal Injury Law Question Here...
Delta-Lawyer is online now
A new question is answered every 9 seconds

I underwent outpatient surgery on May 13 to have the ACL in

Customer Question

I underwent outpatient surgery on May 13 to have the ACL in my knee repaired. When the anestethesiologist came in, she didn't introduce herself and just said, "I'm going to put something in your IV line to relax you" which she did and then failed to discuss
my options for sedation with me. Se put a mask over my face and the next thing I knew I was trying to wake up from general anesthesia about 2 hours later. They sent me home about an hour after my surgery with minimal instructions and without a knee brace.
I don't have any memory until my husband pulled into the driveway and was trying to help me out of the car. I couldn't put any weight on my left leg and was so out of it, I fell down on the concrete outside my car door. My husband got me in the house and on
the couch. I woke up later that night and my husband tried to help me up but I fell on the floor and bent my knee all the way back and the drain the doctor had put in my knee fell completely out tubing and all. The next morning, I had an appt to take the drain
out at 10:00 a.m. My husband called the fire department and they helped me from my home to the car. When we arrived at the hospital my husband got a wheelchair and took me in. He was carrying the leg drain that had fallen out the night before separately. I
barely remember anything about the appt I was still so out of it from the general anesthesia but I do recall a general feeling of being scolded by the nurse who saw me. When we got home the fire department helped me from my car to my home. I awoke the next
morning (a good 48 hours after my surgery and the general anesthesia they gave me) and about 11:00 a.m. I began to realized what had occurred. My husband told me that the nurse the day before had thrown the drain in the trash, wrapped my knee in a brace, told
me not to put any weight on it and keep it dry. She also said they wouldn't know if I had any lasting damage from the falls until much later into the healing process. I go back this Wednesday for the nurse to take the stitches out. I feel traumatized by the
whole ordeal and am outraged that they put me under general anesthesia as this was not what I'd discussed in a prior appt with the surgeon. I am appalled that they sent me home without a leg brace so soon after a general. How do I proceed? I want an MRI done
on the knee immediately to see if it is damaged. I want to collect my medical records. Should I contact the hospital administration, the surgeon, or another doctor?
Submitted: 2 years ago.
Category: Personal Injury Law
Expert:  Delta-Lawyer replied 2 years ago.
I hope this message finds you well, present circumstances excluded. I am a licensed attorney with over a decade of litigation experience in the medico-legal area of practice. It is a pleasure to assist you today.
You need to contact the hospital administration tomorrow and let them know what is going on and let them know of your demands. You need to tell the same thing to the physician on Wednesday. The redundancy in putting both entities on notice of what has transpired will bode well for you if you have to litigate down the line.
As to the situation, and for your knowledge, you have one year from the date of the occurrence to file suit - if it is deemed necessary.
In order to win a medical malpractice suit, you are going to have to show that the health care provider or providers failed to meet the established standard of care for your geographic area relative to the service rendered. This can be proven by expert witness testimony.
I will say that it is highly unusual to go home with an ACL surgery without a brace. That, right out of the gate, seems to indicate some level of malpractice.
Drilling down a little further, you are going to have to prove that they had a duty, they breached that duty, the breach led to injury and show your injury. This is why it is good to get a scan run as soon as possible based on your fall.
In short, based on what you have shared with me, there appears to be a breach of the standard of care. Let's contact the entities over the next two days and see how things play out from here. You need to get a scan as well to make sure the new ACL and screws remain intact too.
Let me know if you have any other questions.
Please rate my answer positively if you have been assisted at all.
Best wishes going forward!
Expert:  Delta-Lawyer replied 2 years ago.
Did you have any other questions or comments? I just want to make sure you are as comfortable as possible as you move forward with this issue. Thanks!