I recently found out that a surgeon left a big screw in my knee without notifying me. Do I have a malpractice suit here?
4 attorney answers
At this point, it is impossible to say whether you have a viable medical malpractice lawsuit. To determine that, a lawyer would need to know why the screw is embedded in the bone in your knee. If there screw is necessary from a medical standpoint, you probably don't have a case. If the screw was accidentally left behind, you probably do have a case. The first step will be to understand why the screw is in your knee. If there is no good medical reason for the screw to be in your knee, a lawyer will still need to know what problem or problems the screw is causing or has caused in the past.
You will need to talk with a lawyer and you may need to get additional medical information to figure out if you have a case. Talk with a local medical malpractice lawyer as soon as possible because time is of the essence in legal matters. A good medical malpractice lawyer will know the names of local doctors who can examine your knee and your medical records to determine the extent of your problem and whether it makes sense for you to bring a malpractice lawsuit.
This response provides general information only. This answer does not create an attorney-client relationship and it is not intended as legal advice.
More facts are needed to decipher if this was a procedure that would, in fact, result in hardware being left in your bone for your benefit. Have your records reviewed by a medical malpractice attorney.
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More info is needed. What did the orthopod say about this? Does it need to be removed? The only way to know if there was malpractice is to retain a local med mal lawyer who can order the medical records and send them to an expert to review to ascertain whether there was a breach of the standard of care. I’m sorry, but my firm only handles birth injury cases, failure to diagnose cancer cases, and wrong site surgery cases.
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You need to consult with a medical malpractice attorney. Go to the "find a lawyer" tab. If the screw was left in your leg wrongfully, you likely have a claim. What, if any, damages has the screw caused, is going to be the key question.
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