Legal Question in Medical Malpractice in Missouri
Knee replacement and wrist fusion
My husband John age 61 had knee replacement 2 years ago in October and it was not done right. This was the second knee he had done. The doctor said because his foot turned to the outside now it wasn't worth going back in to correct it. This spring we went back to the doctor(now an asssociate of the origional doctor} because his knee is now slipping out to the outside of his leg and the associate doctor said we should wait untill the knee blows out then come back in and have surgery to replace it again. We seen the X-rays hnd it appears to have been cut at an angle. Also the doctor who did surgery left the state. Do we have any rights as to malpractice? This Knee replacement is not a easy surgery? On John's wrist the doctor had to remove a dead bone and fuse the wrist he then put a cast on it and John had eccoli and strep in it. This was in April,2003. Then in November 2003 the screws in the plates had backed out and they had to come out (The associate doctor operated on this because we didn't want to go back to the first doctor.) Culture showed that he had 3 kinds of staff and had to have itrovenious treatments at home with Vancomician again for the infection in the wrist. Do you think we would have any case?
3 Answers from Attorneys
Re: Knee replacement and wrist fusion
It is possible the knee replacement failure is due to a defect in the prosthesis. For more information, see our web page at http://www.missouripersonalinjurylawyer.com/jointfailure.html.
Contact us if you have more questions.
Brian Franciskato
McLeod Nash & Franciskato
1100 Main St., Suite 2900
Kansas City, MO 64105
(816) 421-5656
FAX (816) 421-3339 or (800) 962-5363
Re: Knee replacement and wrist fusion
I can not honestly give you an opinion on whether there is a case for medical negligence or not. In order to do so, we would need to obtain all of the pertinent medical records and then have them reviewed by an expert who could then give us an expert opinion on whether or not the doctor, or staff, or hospital failed to live up to the legal standard of care. This can cost a considerable amount of money before you even know whether you have a case or not. So, it is usually only pursued in cases where the damages are substantial. Your damages would be the cost of any treatment necessitated by the medical negligence, any lost income, possibly loss of consortium, and perhaps something for pain and suffering although there is a cap on the amount reoverable for this kind of damage. If you would to discuss this further you may cal me for a free telephone consultation at 314-727-2822.
Re: Knee replacement and wrist fusion
Hello,
It sounds like John has had a tough time. He may have some claims for medical malpractice. He may also have a claim against the company who manufactured the knee replacement. There was a period of time when the sterilization process used by the various companies was actually harmful to the plastic in the joint replacement. This resulted in failure of the joint replacement much quicker than expected. Our office has experience with both of these types of claims. We have a full time nurse on our staff who assists in our medical cases. In addition, I worked as a paramedic before I went to law school. We also have handled many cases against the joint replacement makers. I would be happy to discuss it with you at your convenience. Please call me at (800) 962-5363.
Regardless of whether you call me or another attorney, it is important that you act soon. In Missouri, medical malpractice cases must be filed within two years or you will be barred from ever filing the case.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
