1st knee replacement = unstable knee, too big for me, unnessarry cut in bone. went for checkup, doc said knee was fine, its not

Asked about 5 years ago - Glassboro, NJ

After having my 2nd knee replacement with another doc, he informed me that my first one was unstable, too big, and there was a mistake cut in my bone, which was shaved down. Original doc gave me a clean bill of health after I complained of pain. Since I just found out about this and my operation was over 2 years ago, can I sue if my knee doesn't hold up for the guarenteed time of 10-15 years?

Attorney answers (1)

  1. Judy Greenwood

    Contributor Level 9

    Answered . Typically there is a two year statute of limitations beginning from the date of the negligent event, however, there is a "discovery rule" which may apply to extend the time within which
    you can bring a claim. You will need to have a New Jersey attorney review the specific facts
    of your case to see if the "discovery rule" would apply in your circumstance and give you a
    window to still pursue a claim --- if one exists.
    No physician that I know "guarantees" their work, but rather has you sign a consent form
    which lists out the possibility of complications, and demonstrates your understanding of the
    risks. You should look at the paperwork that you signed before you had your surgery to see
    what it says.
    Whether the first doctor's surgery was a "mistake" is something that an expert in the same
    specialty as your doctor must give an opinion on. An expert after reviewing your records
    must conclude that there was "substandard care" or negligence involved.
    I suggest you get your records and films together and arrange to see a local malpractice

    Good luck with your knee.

    Please note well that this reply is merely informative. It should not be the basis of any decisions you make regarding your legal rights as far too little information has been provided to supply a solid legal opinion. Also, you should be aware that all jurisdictions impose time limits ("statutes of limitations") within which suit must be properly commended, and the failure to do so will supply an absolute defense to the claim. You should consult further with us or another attorney if you wish to investigate or pursue the matter further.

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