QUESTION
Do I have a law suit for an orthopedic surgeon who did a knee replacement that I was toldby another surgeon was totally screwed upand now am schedule
Asked on Oct 28th, 2016 on Medical Malpractice - Pennsylvania
More details to this question:
Knee replacement was done in 2014. After surgery and for 2 years have complained to doctors that knee was not right. X-Rays were ran and report always said knee was fine. Pain has increasingly got worse over time. This year after telling doctor I could no longer take the pain she sent me to orthopedic doctor who told me the surgeon put in a knee that was too big and he didnt cut bone right so he angled the part in instead of it being straight. He said you could see it by looking at X-Ray and the only way to fix it was with another replacement.
1 ANSWER
Jerry Meyers
In Pennsylvania we have a statute of limitations limits the time you have to file a claim in court. In general, the 2 years from the time or should have known that you had been injured during the course of medical care. The obstacle that you have to overcome is your failure to question the pain and your continued reliance on the original surgeon. A jury might conclude that you went to the consultants that the defendant sent you to. They might further conclude that you were not aware you had suffered an injury in the course of medical care until you were informed by the 2nd specialist. You should contact a lawyer having expertise in the handling of medical malpractice cases in your jurisdiction. Further facts have to BE evaluated in order to ascertain whether, on the facts as related by you and as contained in your hospital records support your continued reliance on the doctor who originally treated you.
Answered on Oct 31st, 2016 at 9:58 AM