It could be a lot of different causes and you will need an experts opinion.
My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none.
Your question does not indicate in what state you live or in what state the surgery took place.
All cases of negligence are governed by a statute of limitation. If the case is not filed with the court by a certain date all rights to bring a claim may be forever lost. You need to meet with a lawyer from your state to learn how to preserve your legal rights.
Just because you have pain or a bad outcome from your surgery does not mean you were the victim of medical negligence. The only way to find out is to retain a lawyer interested in investigating the claim who will gather your medical records and have them reviewed by a medical expert. The expert will be asked to determine whether the care and treatment you received fell below the applicable standard of care and caused you an injury. There is no case unless and until such an opinion is secured. If you feel strongly about your claim you have no time to spare. Seek the advice of an attorney from your state immediately.
If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you provide, I cannot guarantee the accuracy of the answer. You should seek the advise of an attorney who can explore all aspects of your question. This communication does not form an attorney client relationship.
It could have been installed negligently or it could be a defective knee replacement product. You don't really give any information about *exactly* what your current diagnosis is with the knee or why you feel it might be actionable. Again, since this was 2010 you have SOL problems, but even despite that the facts you provide aren't really enough to help.
Either way, whether it is a malpractice case or a defective product, an attorney experienced in both areas needs to analyze all of the facts, your history, and medical records. This can't be done over the computer, even a good informational and attorney marketing site like AVVO. Time is ticking away so I highly recommend forgetting about serial computer posts and consulting with an experienced personal injury attorney ASAP today. Here's more about products liability: BLUE LINK BELOW
Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.
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