Legal Question in Medical Malpractice in California
Suffering Post Knee Surgery Pain - MRI confirms there's PCL Strain & Swelling
I recently had knee surgery on Nov 8, 2007. The surgery was called ''Left Knee Patellofemoral with debridement, synovectomy and lateral release''. After surgery, I have had NUMEROUS problems and considerable pain. I am far worse than I was before surgery.
My major complaints are:
Swelling, pinch/kink and pain at the back and front of my knee; Pain w/kneeling & going from a sitting to standing position, followed by pain while walking first 10-20 steps; my knee becomes unstable during activities such as lifting because it throws off my balance; can't walk uphill, downhill, or on any slope without help (when my knee becomes unstable I feel a shift/jolt followed by a sharp/hot pain and either end up tripping or falling). There's been two occasions where I nearly passed out because of the pain; I have a limp to my walk because I walk stiff legged; I can't fast walk, jog or run; can't walk upstairs or downstairs normally. I have to walk sideways with one step at a time.
I just had a new MRI and it shows a surgical defect in the lateral patellar retinaculum w/fluid in the subcutaneous tissue with mild joint effusion and overall PCL strain. Also, there�s thickening of the superior portion of the PCL.
What next? Please help�
2 Answers from Attorneys
Re: Suffering Post Knee Surgery Pain - MRI confirms there's PCL Strain & Swelling
You need to get evaluated by a good joint surgeon that does a lot of knees. Make sure the surgeon is willing to testify if he believes your problems are the result of a failure of your previous health care providers to perform up to the minimum standards of care required in the profession. Only if that is the case, and if your problems resulted from that failure, are you entitled to compensation for your injuries. Otherwise it is just a bad outcome, and bad outcomes do occur in medicine. You will also get expert opinion about your prognosis and what can be done to improve the picture.
You may want to get referred by a good medical malpractice lawyer, who will take your case if the expert joint surgeon he refers you to is of the opinion that you are the victim of malpractice. If he does take your case, there is no legal fee except out of any recovery on your behalf and the maximum fees are regulated by statute in California, and are less than you would pay if you had the same injury as the result of a car accident.
Re: Suffering Post Knee Surgery Pain - MRI confirms there's PCL Strain & Swelling
You are being answered by one who can empathize with you, since I will spend the rest of my life in a wheelchair because of botched hip surgery some six years ago, and I, also, live with constant pain.
Legally, the lawyers who deal with medical malpractice need to look at all your charts, etc., and will tell you the probability of recovery, and what you can expect.
If you do not know a lawyer who specializes in med.mal., let me know and I'll try to help you find one in your area.
Good luck!
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