Legal Question in Medical Malpractice in Virginia
Two identical MRIs from two differnet years - now scheduled for surgery for the
Had surgery last year (08/03) to remove a ''complex tear'' of the miniscus. The knee has never felt ''right''. I had the same surgery on my left knee, which feels wonderful and has never given me a moment's pain.
After surgery on the right knee in 03, I did all the same things I was told to do with the left knee and was given a what to do sheet by the hospital. Pain galore, falls, etc over the year.
I've been in pain for over a year and now, I have had a second MRI (Oct 04) which shows a complex tear in the same exact place as the last MRI.
When my new ortho was looking at the report AND the MRI, he stated that I had a tear. When I glanced at the report, I noted that the date was ''08/20/03'' not ''10/23/04''. After mentioning that to my doctor he said, ''glad you caught that'' and went on to eventually say that he didn't know if I'd had a ''bogus'' knee surgery.
I spoke to the radiology technician who read the reports and he said that both looked the same also.
I've contacted the doctor's office that originally did the surgery, and I don't know what to ask if anything. I can see clearly that the reports are almost identical except for it being WORSE now.
My question is about the surgery - was it done or not?
2 Answers from Attorneys
Re: Two identical MRIs from two differnet years - now scheduled for surgery for
Why don't you ask those who were reponsible for performing the surgery in August of 2003 and make very clear as to why you are asking these questions, particularly in regard to the two MRI's which seem to suggest that the August 03 surgery may have never been performed? (You would be well advised to ask for an appointment to speak with the surgeon in person, taking along with you the MRI's for this visit.
Once you have received the surgeon's explanation, you should be able to determine whether or not it satisfies your concerns and, if not, then you may be at the point when you want to talk with a lawyer experienced in medical malpractice matters.
Re: Two identical MRIs from two differnet years - now scheduled for surgery for
I would advise you to speak with the original surgeon, and to get a detailed explanation, in writing if possible, about what exactly he did or did not do to your knee. Do not be confrontational - just ask him to explain the proceedure. Then I'd recommend going back to see your new doctor. If they tell you that the first doctor's claims are incorrect, then you probably have a case. I'd put a good deal of emphasis on the second opinion of your new doctor, as that would be the basis for any proof you may have in the case.
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