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I had a TKR in 2007. Since then I had 1 partial and one RTKR. TheTibial head was rotated 15 degrees in 2007. Do I have a case.

Surprise, AZ |

In 2007 I had a Rt TKR. It never felt right, any complaints I told the Dr. about I was told it would take at least 2 years. (I had valgus). I finally gave-up going to see him because he always said the xrays looked fine or he would send me back to PT. I thought I'd just have to live with it. Any vigorous activity would make my knee swell or be so stiff I would be laid up for at least a couple of days. After 3 1/2 years the swelling and pain got so bad I went back to him and he drew fluid off my knee to see if it was infected. It wasn't, it was full of blood. He said I needed either a full or partial revision. I went to 2 other Drs. And got the same opinion. Had a partial revision in Jan. 2012, didn' t work. Had a TKR revision May 30. The tibial head was found rotated 15 degrees.

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Attorney answers 3


A viable medical malpractice case requires three things: 1) a breach of the standard of care -- conduct by the doctor that is unreasonable under professional standards; 2) an injury which would not have occurred but for the unreasonable conduct; and 3) an injury which is severe enough to make the risks and expenses of litigation worth undertaking. In your case, there is a question of whether the rotation occurred at surgery, rather than in the intervening 3 1/2 years. There is question of whether the rotation was so excessive as to be unreasonable under professional standards. And then there is the question of your ultimate outcome and whether there is lasting damage. Ultimately, these questions cannot be answered based on the limited amount of infomration provided. They will require consultation with an attorney, and review by an expert.


That's worth having someone experienced with orthopedic malpractice cases taking a look at it. A significant part if my practice are total knee and total hip cases. 15 degrees vagus is a significant rotation. The primary concern I would have is whether your time to file has already expired.

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


If the negligence happened in 2007, you may be too late to bring legal action. That's the biggest concern for you now in this regard. Some states have some the so called "discovery rule" that might help. But I don't know if Arizona has any such thing. Hurry and call a local medical negligence attorney to get advice. They won't charge for a simple call about the statute of limitations.

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