Does my granny have a lawsuit? she had a knee replacement that went bad and had to get a second one done.

Asked about 2 years ago - Jacksonville, FL

dont relly know details but she went conplaining of pain and doctorers told her nothing was wrong. a year later an infection came and the same doctor took x rays and sent her to a specialist that said the first knee went bad and thay had to do anotherone so they took the knee out and she had to go like 3 months with know knee at all for the infection to go thay put the knew knee in and thers another infection. just terrible.

Attorney answers (3)

  1. Joshua L Fenton

    Contributor Level 11


    Lawyer agrees

    Answered . 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... more
  2. Christian K. Lassen II


    Contributor Level 20


    Lawyers agree

    Answered . 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
  3. Marc Edward Stewart

    Contributor Level 16


    Lawyer agrees

    Answered . 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.

Related Topics

Medical malpractice and personal injury

Medical malpractice occurs when a medical professional's negligence causes injury to a patient. Incorrect actions and inaction can both be forms of negligence.

Surgical malpractice and personal injury

Surgical malpractice occurs when a medical professional makes an error during surgery that was both preventable and beyond the normal risks.

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