I had a knee replacement10/22/09 ive had problems ever since severe pain swelling it has shifted some is that surgeon liable

Asked over 1 year ago - Mechanicville, NY

ive never been out of pain that knee swells cant bend or balance can i sue this doctor i also had a blood clot he said i dodnt but i did and was on blood thinners for almost a year

Attorney answers (5)

  1. Evan Matthew Oshan

    Contributor Level 11

    3

    Lawyers agree

    Answered . YOu should consult with a medical malpractice attorney in your area. Use the Avvo search bar to find and attorney.

    (206) 335-3880. We retain experts and begin contingency fees at 29%. However, communication through Avvo does... more
  2. Joseph Jonathan Brophy

    Contributor Level 20

    3

    Lawyers agree

    Answered . The statute of limitations for medical malpractice in New York is two and one half years from the date of the incident, so you are almost certainly out of time to sue.

    Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to... more
  3. Alfred C. Laub

    Pro

    Contributor Level 10

    3

    Lawyers agree

    Answered . Although the 2 1/2 year statute of limitations governs, the statute may be extended under the continuous treatment doctrine, assuming the doctor treated you for the same condition following the surgery. You may then be able to compute the 2 1/2 year period from the last date of treatment. As far as your medical care is concerned, it is important to understand that a doctor is NOT a guarantor of a good result. With that said, a blood clot is a risk of the procedure as is swelling and stiffness but, an alignment issue may well be t he basis for a malpractice claim.

    The underlying facts for each situation are unique. Any responses given are for informational purposes only and... more
  4. Sean Patrick Kuhlmeyer

    Contributor Level 10

    3

    Lawyers agree

    Answered . More info is needed to help you. In order to prevail on Medical Malpractice you have to prove that the dr breached the standard of care. Just having bad results is not necessarily evidence of MedMal, because sometimes bad results is one of the risks. Start with educating yourself about what were the expectations for the surgery for someone like you. Then get another medical opinion. Then consult a MedMal lawyer. Good Luck.

    All responses are intended to be informative legal information only. No response consitutes legal advice. There is... more
  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Better not forget the statute of limitations.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

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