Legal Question in Medical Malpractice in Wisconsin
knee replacement gone wrong
I am a 43yr.old male who had second knee replacement in May 04 on same knee (first replacement was done in 1998).In June I knew that there was something wrong.When I walk my knee clunks, is sloppy, swollen and on occassion gives out.My surgeon referred me to another surgeon for a second opinion.This doctor states I need a third replacement and the appliance needs to be modified as one in there does not fit correctly.I returned to my original surgeon to go over this finding.I questioned him as to why he coulnd't tell the joint didn't fit right during surgery.He said its hard to tell right way and that it
is not uncommon and it happens alot.When I asked what's to prevent this from happening on the third surgery he said ''well we check it on the operating table''.I work for the hospital where this surgery was performed.I used up my disability benefits until May '05 and cannot be off work with any wage compensation due to hopsital policy,in fact am at risk of losing my job and am not sure if insurance will pay for another surgery this soon.I don't know how I can wait until May as I am in more pain than I was prior to second replacement.Can hospital be forced to allow me to have this done ASAP and is this a claim of malpractice?
1 Answer from Attorneys
Re: knee replacement gone wrong
It is impossible to know whether you may have a medical negligence claim that you might win based upon your question. That determination can only be made when a lawyer obtains all of your records and x-rays and then obtains an opinion from an orthopedic surgeon as to whether your surgeon's care of you fell below the standard of care of a reasonable orthopedic surgeon treating a patient in your situation. Simply because the operation failed does not necessarily mean that the doctor was negligent. That determination must be made by an orthopedic surgeon consultant.
The statute of limitations for medical malpractice cases in Wisconsin is three years. That means that you would have to file a case within three years of when you were injured by negligent medical care, or else you would no longer be able to pursue a claim. The big issue will be whether the doctor was negligent.
Regarding your question about whether the hospital can be forced to allow you to have another operation soon, the hospital was not negligent in your care. If anyone was negligent, it was the surgeon. Thus, you do not have any leverage over the hospital. Doctors who operate at a hospital are usually not hospital employees. Rather, they are considered to be independent contractors. The hospital is not legally responsible for injuries caused by people who are not hospital employees.
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.
