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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 116780
Experience:  Licensed Attorney. Over 20 years experience in personal injury and law enforcement.
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I have been left with foot drop and a semi paralyzed leg (sciatic Pals

Customer Question

I have been left with foot drop and a semi paralyzed leg (sciatic Palsey) below knee for over two years now following a total
hip replacement. I am dependent on a high level of drugs to be able to manage the pain and also now suffering from depression. I have tried on two occasions to sue the surgeon or hospital for my predicament but when the medical expert's were consulted they both said it was a phenomenon and that they believed I did not have a case. My injuries are evident for all to see and am now registered disabled. When does Res ipsa loquitur ever become relevant?
Submitted: 2 years ago.
Category: Personal Injury Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Res ipsa loquitor never becomes relevant in medical malpractice cases. The fact is that every medical procedure and treatment runs a risk associated with it that it will not work or there will be some side effect and the hospitals or doctors are not liable for those side effects or a bad outcome UNLESS it can be proven the doctor's conduct in performing the procedure or in treating the patient was below the reasonable standard of care for a doctor with his skill and training. There has to be negligence involved in order to hold anyone legally liable according to the malpractice laws and without negligence, it is simply that unfortunately sometimes bad things happen to good people despite taking every reasonable step to prevent it. Medical malpractice by law requires proof of negligent conduct, it is a negligence tort, so unfortunately while you suffered side effects from the treatment or care unless you have a medical expert that says your provider actually caused the effects by acting in a manner that is below the reasonable standard of care, the doctor or hospital would not be liable under the law.