QUESTION
Do I have a case for Medical Malpractice?
Asked on Jan 26th, 2013 on Medical Malpractice - California
More details to this question:
On 11/19/12 I went in for a knee replacement. I was released 3 days later. A week later I ended up in the ER room with an infection. They admitted me and put me on antibiotics for two days and released me. On 12/8/12 I was taken back in the the ER room. I was admitted again and this time had to have another surgery on the knee to clean out the infection. I was released 3 days later with a Pic-Line in my arm. I then went through 6 weeks of home care and antibiotics. To date I have more pain and less mobility in my left knee.
1 ANSWER
Catastrophic Injury Attorney serving Roseland, NJ
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John J. Ratkowitz
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Accepted standards of medical care require an orthopedic surgeon to put a patient on prophylactic antibiotics following knee replacement surgery. If you are surgeon failed to do this than he failed to meet accepted standards of medical care. Nevertheless, there will be a question about whether or not the case is financially viable. Medical malpractice cases are damages driven and unless this leaves you with a permanent problem the case may not have enough of financial upside for an attorney to prosecute it. This is a judgment call, and different attorneys have different standards for whether or not they want to get involved in a case.
If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys. Then, visit each attorney's website and look for a firm that has a record of successful verdicts, ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.
Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.
Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case.
Click here for an article that explains what you can expect when filing a medical malpractice case.
Click here and here for more information about me.
Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com Skype: john_ratkowitz Web: www.starrgern.com.
Answered on Jan 26th, 2013 at 3:25 PM