You've posted at least 3 times about your mother's situation. Use the "Find a Lawyer" tab here at Avvo to find a local medical malpractice attorney to speak with. These matters are complicated and your mother really needs to sit down with an experienced attorney with all her medical records.
Attorney Inga Stevens is licensed in Maine. She provides general information on Avvo.com. No attorney-client relationship arises out of the information given here.
Not all bad outcomes represent medical negligence when it comes to orthopedic surgeries. There are many, many situations where the patient can be worse-off after the surgery than before. This is because of natural patient-to-patient variances in healing, infection, the development of scar tissue, pre-existing conditions that impair healing like diabetes, smoking, or peripheral vascular disease. Now, it is true that a careless doctor can cause a poor outcome. But the plaintiff bears the burden of proof in all things, including that their particular outcome was not just "a bad outcome" but one specifically caused by a surgical error. That can be a tough hurdle as your evidence is limited. All you'll really have is the word of the surgeon and his/her dictated operative report. It'll be tough to use the physician's own words against them.
the first step is to obtain the medical chart and share it with a local attorney that specializes in medical negligence. Be sure you find a law firm that has handled a lot of medical work before or you may find yourself in a mess.
The medical malpractice claim belongs the person who was the victim of the medical malpractice. In this case since your mother survived the surgery, the malpractice claim would be hers, not yours.
Medical malpractice is a highly specialized area of law and you should consult an experienced local medical malpractice attorney.
Medical malpractice cases are expensive to litigate and often result in a verdict in favor of the doctor. Unless your mom has a clear cut case of MEDICAL NEGLIGENCE, most malpractice attorneys would not accept your mom’s case.
LICENSED AND ACCEPTING CASES IN CALIFORNIA & UTAH - 911LAW.ORG - Former Judge Pro Tem in California Superior Court. CALIFORNIA PERSONAL INJURY CAR ACCIDENT ATTORNEY LAWYER. ST GEORGE UTAH PERSONAL INJURY CAR ACCIDENT ATTORNEY LAWYER. Attorney responses are provided for informational and educational purposes only and do not create an attorney client relationship. Such responses represent the attorney’s initial analysis based only upon the facts set forth in the question. Since the question may not include all of the facts or omit material facts or timelines which could affect the attorney’s conclusions, attorney responses should not be construed as legal advice for any particular set of facts but only as a preliminary opinion.