Legal Question in Medical Malpractice in Virginia

Knee Replacement - Improper Rehab Instructions

My mother had knee replacement early last year. After being released from the hospital she was not given rehab instructions. After about a week or so she informed her surgeon of the discomfort. The surgeon had asked why she hadn't started rehab. She informed him she was not given any rehab instructions. The surgeon stated she should have received it from the ''hospital'' and should have started the day after she left the hospital.

Presently she's in a tremendous amount of pain due to very bad scar tissue damage from not starting rehab immediately. She's had the knee looked at twice and although the surgery seems have gone well, the scar tissue damage causes more pain and discomfort than before the surgery. She's very depressed, has lost a tremendous amount of time from work, had minor surgery to break up the scar tissue, and now does not want the second replacement on the other knee, i.e. inevitable due to the condition of the other knee.

I informed her she needed to seek an attorney about the ''hospital'' over a year ago but she's been too depressed to move forward. Any advice would be greatly appreciated.

Kind Regards,

Me


Asked on 8/17/08, 11:02 pm

1 Answer from Attorneys
David McKelvey David McKelvey, Attorney at Law

Re: Knee Replacement - Improper Rehab Instructions

There is a two year statute of limitations, but your mother needs to want to proceed. You need to determine what her wishes are as it would be her case. It could be hard to establish how on week of missed rehab caused all of this. An expert would need to testify.

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Answered on 8/17/08, 11:47 pm


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