I would have your friend consult with a qualified attorney who is experienced in reading Informed Consent waivers by the doctor and the medical records to answer this questions. Obviously, losing a limb is a big deal so I most attorneys would get the records and have them reviewed without cost to your friend
You can find an attorney on AVVO
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Potentially a large case. Find an experienced medical malpractice attorney in your area. Questions of informed consent and did the doctor make an error.
If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.
Arterial injuries during ACL reconstruction are rare, but are reported in the literature. Thus, surgeons who did this type of procedure should be well-versed in the possibility of such an injury and should be prepared to address it quickly to avoid catastrophic results, such as an amputation. For this reason, I suspect that what your friend experienced was a needless delay in recognition of this complication and a failure to address it timely. This can result from improper post-op evaluation, failure of nursing to timely recognize and report unusual swelling, pain, or pulsatile mass in the knee, and/or a failure to recognize the need to urgently address such signs or symptoms. For these reasons, I suggest you consult an experienced medical malpractice attorney as soon as possible because an evaluation of the medical records will be required to identify all the factors contributing to this outcome before a final decision is made about whether suit should be brought. In the meantime, I suggest your friend report this to the Centers for Medicare and Medicaid Services (CMS.gov) and ask that an investigation be started as soon as possible in order to determine what happened and to prevent it from happening to someone else. A meeting with the hospital administrator may also be fruitful. No matter how your friend proceeds, a visit to an experienced medical malpractice attorney is urgent.
Sounds like a good case. He should read about knee injuries on my website under the "injuries" tab for more info.
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Certainly, your friend could have a case, but more information is necessary. Medical malpractice cases require a detailed review and analysis of the medical chart and other available records. Most attorneys will assist and pay the costs of obtaining medical records for a potential case if the claim appears to be viable. That is how our law firm typically handles these situations.
The injured person (your friend in this case) can also get his medical records without the assistance of an attorney. Just know that it will not be inexpensive to obtain them.
Regardless, he needs to consult with an attorney in Mississippi who handles medical malpractice cases from the plaintiff / individual side. Our firm handles them, and we would be happy to speak with him.
Regardless, I hope that your friend can obtain some relief for this serious injury.
W. Andrew Neely
Stracener & Neely, PLLC
304 North Congress Street (39201)
Galloway House, Second Floor
Post Office Box 23148
Jackson, Mississippi 39225
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