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

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

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Attorney answers 5

Posted

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.

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Posted

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

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Posted

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.

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Posted

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 are not designed or intended as professional legal advice, since any suggestions may not apply to your specific circumstance. This information exchange does not create an attorney-client relationship of any kind. Should you determine that you need immediate legal assistance or action , you should contact your local Bar Association for a referral to an attorney in your area.

Posted

Better not forget the statute of limitations.

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