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Do I need a malpractice lawyer?

Huntsville, AL |

Had total knee replacement.2 years. Surgeon retired. Sent blank records. New doctor had to correct. Total knee replacement. Said joint was too small. Didn't cover the bone. Was not attached to bones.

Attorney Answers 7


  1. I think a lawyer could help you navigate this. You were smart to check out Avvo. Use Find a Lawyer here on Avvo.


  2. You need to at least speak to one. You may be facing a statute of limitations bar to your complaint.

    The author of this answer is an Attorney-at-Law, licensed to practice law only in the state of Arizona. Unless both you and the author have signed a formal retainer agreement, you are not the author's client, and the author's discussion of issues does not constitute legal advice. Opinions expressed herein are solely those of the author, and are neither privileged nor confidential.


  3. It is difficult to say based upon your description, but you should consider this. In order to prosecute a malpractice case you need another doctor to review all of the medical records and be willing to opine that your doctor deviated from the standard of care and that deviation caused you an injury. That become very expensive so the injury value must be high enough to warrant the expense. You should gather all of your records and meet with a lawyer to discuss your options.


  4. If you can walk now you very likely do not have a case worth winning. It would cost an attorney $50,000 minimum and probably more than $75,000 to get the case to trial. If you win your damages would not cover the cost to get it to trial. Much of this type work is more art than science. Even if the doctor used the wrong size joint if another doctor says (and there will be 2 paid to do so) that joint used was a reasonable choice it is not malpractice.


  5. Contact a medical negligence attorney in your state. Go over all records with him/her. Not real sure based on what you provided. Take time and get the answers needed.

    *This information should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.


  6. It would be wise to reach out to a malpractice attorney for a consultation.


  7. The costs likely would far exceed a recovery, but have a local malpractice lawyer investigate.

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