Legal Question in Medical Malpractice in New Jersey
Total knee replacement revision
Hi:
I would like to know if I have a Malpractice suit against an Orthopedic who is located in Hackensack, NJ. (Dr. D)
Last November of '03, this surgeon (Dr. D) had performed Total Knee Replacement on my left knee. 2 months after surgery, my knee swelled up a lot, extreme pain and hardly any mobility. This Surgeon told me that it was probably a virus that settled in my knee for I had a cold. He took blood tests to rule out any infection. At that time I also told him, that my knee cap always felt like it was going to dislocate and he told me I just need more exercise..
I went for a second opinion and the new OS performed a revision in Oct 27th of this year '04. He had to take out the plastic piece which was way too small between the joints and up the size 3 times. Also, my ligaments were over stretched, which he fixed.
Do I have a case?
1 Answer from Attorneys
Re: Total knee replacement revision
With your subsequent surgeon able to testify that Dr. D failed to place the right size replacement between the joints, you have a potential claim for malpractice. The standard for a claim will require expert testimony that Dr. D "deviated from the accepted standardof care" that is common in Northern NJ. It is likely that this is the case.
Feel free to contact me if you wish to discuss this matter in greater detail. (978) 250-4255.