Legal Question in Medical Malpractice in Ohio

Medical Malpractice or Health Care?

I had Total Knee Arthroplasty on July 25, 2005. While I was in the hospital, I was supposed to have this ''bending'' machine on 3 X a day for 20 minutes each time. I was in the hospital 4 days, including my day of surgery. It was put on twice in those 4 days.

On this day, October 16th, 2005, I am still unable to bend my knee more than 70 degrees.

I had a home health care giver come to my house for several weeks and never actually did the excercises with me. I have also had physical therapy at the hospital as an outpatient.

I endure ecruciating pain on a daily basis and still have to take MAJOR pain meds. The most current therapist said the it is CRUCIAL that that I bend my knee ASAP post-op; hence the machine. I DID have to cancel a few of my therapy sessions because the pain was so intense.

My question here is-is there something I can do legally about it for all my added pain and suffering? I can't work, I have trouble sleeping, and I walk with a very noticeable limp. My surgeon may have to put me back under anesthesia and manually bend me knee-MORE pain and suffering.

If I CAN do something about it, who is at fault-the hospital staff or the home health care giver, or both?

Please respond at your earliest convenience.

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