What can be done about a knee surgery that went wrong?

Asked 10 months ago - Kerrville, TX

My friend fell and broke her knee. The surgery she had is not holding up as it should and she has constant pain. She wants to sue but does not know where to start. She has medicaid and a small SS chk every month. What advice can you give me for her? Possibly an atty that could talk to her about this? She is 63 yrs old.

Attorney answers (5)

  1. Brian Heath Crockett


    Contributor Level 16


    Lawyers agree


    Best Answer
    chosen by asker

    Answered . Malpractice cases in Texas are incredibly difficult to win. The main reason is there is a $250k cap on non-economic damages. Most doctors / hospitals have nothing to lose by fighting the case to the end. The end result is almost no one will be willing to try this case. Is there any chance that she slipped and fell due to someone else's negligence? If that is the case, she may have a potential claim against the liable party, which includes costs for botched knee injuries. I hope that helps. Any questions please do not hesitate to ask or leave a comment. Good luck to you and your friend.

    Know YOUR Rights. Take Action Now. CALL 855-648-4695. Legal disclaimer:This message does not constitute legal... more
  2. Elizabeth Taylor Herd


    Contributor Level 19


    Lawyers agree

    Answered . You will need to contact a local lawyer, but I will tell you that a bad outcome does not necessarily mean that the surgery was performed below the standard of care. Her initial injury may have been so bad that it is the cause of her pain.

  3. Stephen Ross Cohen

    Contributor Level 20


    Lawyers agree

    Answered . She needs to consult with an Attorney in her area.

    My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA.... more
  4. Don Karotkin

    Contributor Level 16


    Lawyer agrees

    Answered . I suggest that she start by consulting a San Antonio plaintiffs' lawyer who is certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. A link to the Board's website appears below.

    I wish you and your friend good luck.


  5. Christian K. Lassen II


    Contributor Level 20


    Lawyers agree

    Answered . Sure. Avvo has a terrific "find a lawyer", and consultations are free

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