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 www.hendricksonlaw.com.
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 loopholes...like 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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