More information is definitely required to analyze any potential malpractice claim. A less-than-ideal outcome from a surgical procedures does not, itself, provide a basis for legal relief. What matters is whether or not the healthcare provides involved performed adequately and to the required duty of care. It is essentially a negligence case, but tailored to the conduct of healthcare professions acting in their vocation. A medical malpractice attorney can give you specific insight into the strength of your case once they have been armed with the requisite factual information.
Any answer(s), and/or comment(s) provided are not legal advice, should not be relied on in lieu of consulting with an attorney, nor are they intended to create an attorney-client relationship. Those readers and / or posters who believe that they may have legal claim(s) should seek the advice of an attorney who is licensed to practice in the relevant jurisdiction.
Have a local medical malpractice lawyer order her medical records and send to an expert to review to ascertain whether there was a breach of the standard of care, or even a defective knee replacement.
Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
It is unlikely that your grandmother would have a good claim. Knee replacement procedures can cary a certain amount of complications that can occur even in the absence of physician negligence. Infection is relatively common; so are difficulties with scar tissue development and natural variances in the quality of post-op healing. As a result, knee replacements sometimes need to be re-done.
If this event happened in Florida, I would also point out that your state's government passed sweeping medical malpractice tort reform. This means that lawsuits against doctors and hospitals are very difficult for Florida patients to pursue. Even legitimate claims often cannot be litigated for practical reasons. The issue of tort reform also negatively impacts your grandmother's ability to pursue this claim. If this frustrates you, consider this issue when you vote this November. Elections matter.
A roundup of the best tips and legal advice.