Legal Question in Medical Malpractice in Massachusetts
Knee Problems
In August 07, I tore a miniscus in my knee. I went to a orthopedic surgeon and he reccommended arthroscopic surgery to repair it, which I had done in September 07. While he was in there, he found significant cartilidge damage, and also repaired that. I continued to have knee pain and kept going back and he told me to keep doing physical therapy. The pain was not getting any better, so he suggested injections of euflexxa, which I had in December of 08. I was still having problems so he ordered another MRI and told me the only thing that would solve my problem would be a total knee replacement, which would then have to be re-done every 5 to 6 years because I am so young (I am 24) I went to another doctor to have a second opinion and this doctor told me that the original surgeon did not do the procedure correctly and that he would have to go in and fix the problem, but that it probably wouldn't be 100% but it would be better than what I have now. I am just wondering what, if any a course of action would/could be agaisnt my first surgeron.
1 Answer from Attorneys
Re: Knee Problems
Because I am (1) the recipient of seven knee surgeries, three of them major reconstructions, (2) also supposed to have a total knee replacement (TKR), and finally,(3) an attorney, I guess I ought to weigh in here. First of all, I am certain most people can only have 2 TKR in their lifetime, 3 at most, not more. Each TKR, if successful, should last 15-20 years. So you must have heard wrong about requiring a new TKR every 5-6 years. Besides, after 2-3 TKR I am told there is no bone left to accomodate another, so the only option is to permanently fuse the leg straight (no working knee at all). In other words, you're leg would be permanently fused stright by the time you were 40 if the info you have was meant to be accurate.
I would not recommend making ANY decision here until you get your facts straight about your TKR options/prognosis. They are way off the information I've obtained from several orthopods.
I would go for a 3rd opinion if I were you, even a 4th. Probably, you'll get excatly that, a third (different) opinion, then maybe even a fourth (more like, some consensus then). There are various ways to solve the same knee problem and, I also found, different orthopod philosophies about the appropriate solution. I had a world renowned ortho tell me he wanted to do a new bone graft. Another, just as well-known and prominent, told me no WAY - far too risky - I should go for a TKR. A third told me a TKR is too risky, it could fail (due to specifics unique to my cond). Medicine is not a science with only one clear answer.
Go for a 3rd, maybe 4th opinion, then assess. If they all say the first guy screwed up, then talk to a lawyer (preferably one experienced with knee orthopedics). Contact me directly for more help.
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