QUESTION

Do I have a case if dr put in wrong size ball

Asked on Apr 05th, 2013 on Medical Malpractice - Virginia
More details to this question:
I had to get a revision for my hip due to metal on metal. I got a lawyer for that. a month later at the end of jan my hip popped out 4 times in a week. i was left in the room for hours at a time cause i had no way to get someone to call for me. after my 2nd revision my other dr told me he put in the wrong size after he asked me to go and get the correct size and all from my past operation.Dr also told me that my ligaments and all are getting weaker due to the pop outs and it will take me longer to heal going to take me longer due to me being diabetic. well after he fixed it. he did not put me on much pain meds after the operation and a dr i knew came by and he said you must be in alot of pain cause you are not getting much. so he raised it. i spent a few hours before he came in so much pain. This dr has been sued before cause he did not show up for the operation and he was waiting in the waiting room. my lawyer told me that. he also told me since i was not making any i had no case.
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1 ANSWER

Catastrophic Injury Attorney serving Roseland, NJ at John J. Ratkowitz
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I am having a hard time following you description of what happened, but it sounds like you are questioning whether you have a cause of action who performed the first revision surgery, and perhaps whether you have a cause of action against the doctor who performed the second revision for failing to provide you with adequate pain medication.  I doubt a case against the doctor who performed the second revision is viable. You may have a case against the doctor who performed the first revision. You would not expect the hip to pop out of joint one month after the surgery and the second doctor has advised you that the first doctor chose the wrong sized implant. I think there will be a question about whether the case is financially viable if the second revision cured the deficiencies of the first.  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. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Since I am a lawyer, I need to advise you of the following when I communicate with you: 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 Click here for my website.  
Answered on Apr 08th, 2013 at 9:43 AM

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