Legal Question in Medical Malpractice in California
Problems After Surgery
I recently had knee surgery and I am having lots of complications due to surgery. My abilities are limited more now than they were before and I am in greater pain now than I was before.
I'm in the process of getting a second opinion to see another doctor to determine how I can be fixed.
What are my rights as far as taking legal action against the doctor who performed my surgery? I am almost certain I will have to have surgery again to fix all that has gone wrong. And, there's always the chance I can't be fixed back to normal.
Who do I call for advice on how to proceed forward? What kind of settlement can I get from this? I am worse off than before surgery.
Please advise... Thank you
3 Answers from Attorneys
Re: Problems After Surgery
You have two excellent answers to follow.
Re: Problems After Surgery
Every surgery, and especially joint surgery, carries the risk that you will be worse off after it than before it. You need to consult a medical malpractice / personal injury attorney who will obtain your medical records and have them reviewed by an expert witness to determine whether there was an actionable departure from the standard of care. I can refer you to an appropriate attorney.
Re: Problems After Surgery
You should have a medical malpractice attorney collect the records from the first surgery and the post operative records and have the case reviewed. Other than the cost of copying the records and radiology films, and perhaps a consultation fee from a qualified joint surgeon, it will not cost you out of pocket. If the attorney is willing to take the case, you can probably collect for the cost of a new surgery that is not covered by insurance, and compensation for lost earnings and for pain and suffering, both in the past and in the future.
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