Never had antibiotics post op. Had pain since surgery. Am presently in the hospital. Had prosthesis removed for suspected infection. Am now being treated for infection. Do I have any recourse against last doctor since all indicators pointed to infection and less than I year later I am in the same situation. Thank you.
Consult local counsel. While infection can occur after any surgery there may be circumstances in your case which may indicate a breach in the standard of care. Your records will need to be reviewed and if an orthopedist will opine that there was a departure from proper care counsel may undertake to represent your interests. These cases are commonly accepted on contingency basis.s
In a medical malpractice case (called a "healthcare liability" claim in TX), an injured patient must prove (1) that a medical standard of care was violated; (2) serious damages; and (3) a direct cause-and-effect relationship between the injury and the medical error. The problem I foresee with your case rests with that threshold element: whether you could prove that an error happened. Based on my past research, prophylactic antibiotics following a total knee replacement is not demanded by the standard of orthopedic surgical care. Also, I would note that most prophylactic antibiotic regimens don't cover serious infections like MRS, a common post-surgical bacterial infection that's resistant to most antibiotics.
Post-op infections are very common today. Knee replacements are a prime example. One would think that antibiotics would be the standard of care but this idea is weighed against the concept of using too many antibiotics. Rampant use of antibiotics also leads to increasingly resistant bacteria that are ever more hard to control with medications.
Lastly, I would note that if this happened in central Texas (the medical care), you'd have a tough time building a successful case even if you had a strong medical error. The judges and juries in your part of the country are so conservative that even strong cases cannot succeed in court. Few experienced medical malpractice attorneys would even look at a case in that area because the cases are bad investments. Tort reform also would take a huge toll on a good case as well. If these realities are frustrating, consider it the next time you vote.
Yes, if he fell below the standard of care, and it sounds like he did to me. There are lots of good med mal lawyers in austin and Houston, and a couple in San Antonio. Contact someone as soon as possible.
Infections typically are known risks of surgical procedures, but discuss it with a local malpractice lawyer.
You may have a case of medical malpractice.
A TX malpractice lawyer can advise about that.
If you had a Zimmer knee product, you might also have a defective products case.
There are a number of lawyers across the country handling Zimmer product liability case. If you'd like me to put you in touch with a firm handling these cases, let me know.
I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. I strongly encourage you to consult with a local lawyer to get legal advice and help with your specific situation at your earliest convenience. I am licensed to practice law in Arizona.
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