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Is this a Malpractice claim? I'm in Texas and heard the laws are strict here.

San Antonio, TX |

A year ago my leg went out from under me. I went to an orthopedic surgeon. The surgeon took xrays and told me that I needed to have my knee scoped and that this should avoid any need for knee replacement. He said that most people go 5 to 10 years after surgery without the need for replacement. 2 days after surgery I had to go to the emergency ward with my knee in dire pain and the size of a football. I spent 7 days in the hospital with an infected knee. The doctor never told me where the infection came from. He saw me for a few months and then stopped. I had to go to a different doctor who looked at my xray and said that I should have never had the scope because the damage was to extensive for the scope to help and I should have had my knee replaced. I'm in constant pain and limp now

Attorney Answers 4


  1. 2 different issues: first whether it should have been scoped at all. It's unlikely that you are going to be successful on a case claiming a doctor wasn't aggressive enough. Second, whether the doctor is at fault for the infection. Also a difficult case but possibly worth a review. Find a local malpractice expert to review.

    This answer is provided as a public service for informational purposes only. Providing this information does not create an attorney-client relationship. As with all legal matters, you should contact an experienced attorney in your geographical area to discuss the law specific to your state. For more information, see www.hendricksonlaw.com.


  2. Infections are typically known risks of surgery, and it appears that your doctor was trying a conservative approach, but you are welcome to have a local malpractice lawyer order your records to investigate


  3. You need to contact a Texas personal injury attorney to discuss this matter. In order to maintain a medical malpractice lawsuit in Texas, there must be a causal relationship between the manner in which the physician failed to meet the standard(s) of care for the medical treatment rendered and the injury, harm or damages claimed. An expert opinion must be obtained regarding the causal relationship.


  4. Strict or not, the only way to know for sure if you have a case would be to consult with an experienced TX medical malpractice lawyer.

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