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Why won't anyone help me with a valid malpractice case?

Portland, OR |

I had my left hip replaced in 2000, in Seattle. The hip was bad it popped and slipped and caused me a great deal of pain. I moved to Portland and enrolled with Kaiser and had the same complaints. They enrolled me in pain management and told me the hip was fine. In 2006 the hip dislocated totally six times, before Kaiser would fix it. The doctor said the part was a good one it was just in the wrong place. He fixed it in 2007 and it still works. I have been getting the runaround about having my right hip replaced. I needed it in 2005, They just keep giving me drugs and putting me off. Now treat me like a drug addict. I have lost everything and everyone. to the point of being homeless with no self esteem.

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Attorney answers 3


Unfortunately, it sounds like you may have a statute if limitations problem. Unless you commence a lawsuit within the requisite period of time you can not proceed. This time period can be extended by the continuous treatment doctrine but it appears that you stopped treating with the original doctor a long time ago. This is a very unfortunate situation. You should still speak with a malpractice attorney in your state and have he/she give you a reason why this can't be pursued.


There are all kinds of defective hip lawsuits going on with Depuy, Stryker, etc. Always best to Google 'defective hip lawsuit" for a list of lawyers handling these cases.



I have checked out the defective hip lawsuits through several avenues and what I found out is; my part isn't defective, the part was placed in the wrong location. That is what Dr Seth Goldsmith said. When he re replaced the part, he said the hip I had was the best but the part was not in the correct position to be functional. Since he fixed it and put the same part in the correct position I have had no slipping, very little pain and no dislocations. The pain I suffer now is because I put more pressure and weight on that hip because I am favoring my right hip. Anyway thank you, all of you for your input. I will be contacting several of you to see where I can go with this. Maybe stop someone else from suffering the way I have.


Without doubt you've sustained a very bad medical result. Medical malpractice law comes out and states that there is not recovery for a bad medical result. Medical malpractice requires more. To have a valid medical malpractice case you must have, in hand, a written medical narrative signed by a physician clearly spelling out the elements of medical malpractice. Here are those elements: [Click-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.



I believe the medical documents state the reason for the surgery is because the original part was not in the correct location. However when I learned this, I asked Dr. Goldsmith if he would testify to this, he said he would.

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