QUESTION

can a lawsuit for medical malpractice be brought against a orthopedic surgeon if during a total knee replacement he cut a nerve or a few nerves ?

Asked on Aug 14th, 2012 on Medical Malpractice - Pennsylvania
More details to this question:
i had surgery for knee replacement and surgeon damaged nerves leading to my entire loss of feeling/sensation in my left calf throughout left foot, and caused extreme weakness in left foot as well to which i am constantly tripping, stumbling, etc..due to not being able to feel my foot. I have had emg testing, MRI, xrays, to which the back surgeon and neurologost both agree this condition was a result of this knee replacement surgery and orthopedic surgeon error. I have limited use of my left foot due to this error prior to this surgery i had full feeling and use of leg and foot.
Report Abuse

1 ANSWER

Whether you have a claim or not depends upon a couple of different factors:  (1) When your knee replacement surgery occurred.  If the surgery was more than 2 years ago and you began noticing problems with your knee immediately thereafter, then it is likely that the statute of limitations has expired, and you will no longer be able to pursue a claim.  (2) You will not have a claim for medical malpractice if the nerve damage that you experienced is a known and accepted risk of the knee replacement surgery that you underwent.   Medical malpractice cases are, as a general rule, very difficult to prevail on.  You would also need to have all of your records (especially the operative note) reviewed by another orthopedic surgeon to get his/her opinion on whether malpractice occurred before filing a lawsuit.  But, if your back surgeon and neurologist have already told you that they believe an error occurred which led to this problem, then you may be off to a good start.   Our office is located in the Philadelphia suburb of Media, PA, and we routinely handle complex medical malpractice and personal injury cases in the greater Philadelphia region.  If you would like to discuss you potential claim in more detail, I would be happy to speak with you.  Please feel free to call me directly at (610) 565-3700 or email me a mdavey@eckellsparks.com  Michael J. Davey, Esq. Eckell Sparks Law Firm
Answered on Aug 16th, 2012 at 3:22 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters