QUESTION

Do I have a Medical Malpractice case?

Asked on Dec 04th, 2012 on Medical Malpractice - Michigan
More details to this question:
I had a partial knee replacement on my left knee in June of 2012. Weeks after the surgery my patella would repeatedly dislocate. On Nov 2nd I had a soft tissue surgery to repair the problem of patellas dislocation. This did not work as 2 weeks ago my patella began to dislocate again. After seeing my surgeon today, his recommendation is now a full knee replacement to correct the problem. I never had this problem before the first partial replacement surgery. I must say that this surgeon did a replacement on my right knee and it is wonderful, no problems with that knee. This patella dislocation causes me to fall at times and I never know when it will happen and causes me pain. I have never been given an explanation as to why this happened. The surgeon also said today that he has to adjust the location of my femur bone during the full replacment to help correct the problem. Do I have anything to go on?
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1 ANSWER

Catastrophic Injury Attorney serving Roseland, NJ at John J. Ratkowitz
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It is difficult to say whether you have a malpractice case without looking at the records. Obviously, the fact that the partial knee replacement failed so quickly after surgery raises questions about whether it was performed correctly. At the same time, partial knee replacements can obviously failed in the absence of negligence. A bigger question is going to be where the next surgery leaves you. If you are in the same position that you would have been physically following a partial knee replacement then there will be a question about whether the case is financially viable. If you came to me, I would recommend that you deal with the next surgery and then evaluate a possible malpractice case after you have a better idea where you will be medically. Of course, you have to be mindful of the statute of limitations.  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.  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 Dec 05th, 2012 at 10:12 AM

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