Doctor failed to properly Diagnose, treat or perform any tests for painfull complications after knee surgery. do I have a case?

Asked about 2 years ago - Wasilla, AK

I had minor knee Surgery and was told by my 1st Doctor/ Surgeon I would recover in approximently 4 -6 weeks. I attended therapy every other day after Surgery but complained of severe pain in my knee to my Doctor and therypist during any physical activity for over Seven months . 1st Doctor/Surgeon told me there was nothing more he could do Medically and released me I then seen Two other Doctors that BOTH said there is Much more Medically that needs to be done, including MRI and X-rays. MRI showed a cyst that has developed after surgery. My new Doctor is going to operate to remove the cyst and will attempt to repair my knee to lesson the pain at the same time by repairing a miniscus tear that was missed in the first Surgery and perform some cartilage repair procedures.

Attorney answers (3)

  1. Christian K. Lassen II

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . The only way to know if you have a medical malpractice case is to retain a local medical malpractice lawyer who can order your medical records and send them to an expert to review to ascertain whether there was a breach of the standard of care.

    Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  2. Bret A. Schnitzer

    Contributor Level 16

    1

    Lawyer agrees

    Answered . See the above answer and go to a malpractice attorney with your medical records and have them make the call.

    You should consult an attorney in your State at once.
  3. Marc Edward Stewart

    Contributor Level 16

    1

    Lawyer agrees

    Answered . In my view, you would not have a viable claim. Healing problems after a knee surgery are very common. Healing can be impaired by infection, scar tissue, cyst development, and just natural human-to-human variances in healing. There is nothing a surgeon can do to avoid this. Now, I hear that your argument would be: but wait, shouldn't the doctor have diagnosed the existence of the cyst sooner? The answer is 'possibly.' But the eventual course of your recovery would not have changed in any demonstrable way. You would still have needed the radiology to investigate the source of the slow, painful recovery. You still would have needed a surgery to deal with the cyst. None of the expenses and trouble attached to these things can be part of your legal "damage model" as these things would have happened even had the first surgeon done precisely what you would have liked for him to have done.

    Of course, the devil is in the details with most medical negligence claims. I recommend that you have a conversation with an attorney in Alaska that has experience handling medical malpractice claims. Use avvo or google to find the right attorney.

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