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Would negligence be the right call?
New York, NY
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Posted 5 months ago in Medical Malpractice
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Over 2 years ago I was diagnosed as having Avascular Necrosis. I was told that I needed to get a hip replacement on both sides but was told that they would only do the left side 1st. When they did the left side they told me right before surgery that they would have to make my left leg longer. I was told that they would have to do the right side soon after but they kept postponing the surgery for over a year. I developed sciatica because of my body's off balance & just recently had surgery to relieve the sciatica trouble but my foot is still numb. Plus, they still haven't scheduled surgery on the right side to correct my body's imbalance. If the numbness in my foot is never corrected, would that be considered negligence?
Answers (3)
Ronald Anthony Sarno
This attorney is licensed in New York and 1 other state.
Posted 5 months ago.
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It might very well be. NYS requires and expert opinion that 1) actual medical negligence happened and 2) this negligence was the cause of the current harm. A permanent condition could lead to a successful suit. The doctors might defend by claiming your necrosis was the onyl or principal cause of the condition.
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Allan A Blank
This attorney is licensed in New York and 2 other states.
Posted 5 months ago.
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To begin with there is much, much more information needed in order to determine if you have a valid medical malpractice claim. That being said the proper way for bilateral hip replacement surgery to be done is as you are describing. That is one side first and a lengthening of the leg and approximately six months to a year later the other side done, also with a lengthening of the leg. Usually in between the patient is prescribed an orthodic shoe to compensate for the different length of each leg. It is also not clear why or when you were operated on for the sciatica, but that surgery could cause a further delay in completing the hip replacement. In any case you should consult with an attorney who is experienced in handling claims of this nature, as so much more information is required to determine if you have a valid malpractice claim. You should also be aware the there is a two and one half year statue of limitation in this type of case.
Michael J. Helfand
This attorney is licensed in Illinois.
Posted 5 months ago.
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It’s hard to say without knowing the reason why they postponed the second surgery. At the very least, it seems like they should have done something to ensure that you wouldn’t develop pain between surgeries. It might be negligence. I would contact an attorney and ask for an initial consultation. When you go, bring a timeline and be prepared to give them as many facts as you can about your treatments. For the best chance of success, I’d recommend an experienced medical malpractice attorney. If possible, find someone who focuses their practice on these cases. I can recommend someone near you. Let me know if you’d like a referral.
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