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Do I have a medical malpractice case?

Scotch Plains, NJ |

I had an ACL reconstruction done about a month ago. When I woke up from my operation I was put in a full leg brace. The brace they put on my leg was put on extremely tight resulting in damage to my peroneal nerve, and ultimately leading to foot drop. I currently have paralysis of my foot and toes, and have no feeling in parts of my leg and foot; these symptoms show no signs of healing.

Attorney Answers 6


  1. Sorry to learn. Please get a copy of your entire medical records and prepare a detailed timeline and our nurse will contact you to gather more data if you'd like. There is no obligation Let me know - you may have a meritorious case.

    Please note that these answers are provided as a community service and are not meant to create an attorney-client relationship.


  2. A local medical malpractice lawyer would need to order your medical records and send to a good expert to review to ascertain whether there was a breach of the standard of care.


  3. New Jersey Medical Malpractice - Orthopedic ACL Reconstruction Surgery - Post-Operative Immobilization - Peroneal Nerve Damage - Foot Drop - By Patrick Amoresano: In my experience, I do not recall and cannot imagine a medical circumstance in which a patient suffers permanent foot drop after an ACL reconstruction absent medical malpractice by the orthopedic surgeon and/or the interoperative and post-operative surgical assistants and nurses responsible for setting, checking, and maintainence an immobilizing brace device. How did you injure your ACL and did the surgeon or other hospital personell tell you there was anything complicated or unusual about your operation or its immediate aftermath?


  4. I have handled a similar case in the past, and in the prior case it was determined that there was negligence. That doesnt mean that your case definitely does, but it does mean that you need to have the records obtained, reviewed, and an opinion obtained.

    Each case is fact senstive, so all answers should be viewed as general advice only, and should never replace a thorough and in depth consultation with an experienced attorney. Further, an answer should not be seen as establishing an attorney-client relationship.


  5. The answer is that you probably have a case worth investigating. There is no good reason for an orthopedic surgeon to put on a full leg brace and expose you to this kind of risk when a knee immobilizer or a splint could have accomplished the exact same thing and spared the peroneal nerve. The peroneal nerve sits very close to the surface of the skin, and this is a well-known hazard that is easily avoided.

    Below is a link to a case that I settled involving the same allegations, and some articles that will help you understand the process of investigating and filing a medical malpractice case.

    Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 jratkowitz@starrgern.com Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Skype: john_ratkowitz Web: www.starrgern.com


  6. Call several medical malpractice attorneys in you area and ask them if they have handled orthopedic cases in the past and if they have a good expert that will review you medical records.

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