QUESTION
I want to know if I have a lawsuit against a dr.
Asked on Sep 12th, 2012 on Medical Malpractice - California
More details to this question:
Im 31 when I was 29 I recieved a total knee replacement from a dr. which he did at a outpatient surgery center not a hospital. He told me it is safer than a hospital. After returning home I was in imbareble pain and went to the local hospital where I was told I had cellulitis. I was treated and went home after that my dr. ended up doing 2 manipulitions because I could not bend my leg and was always is such pain but when I told him something doesnt feel right he told me it was all in my head and theres nothing wrong with me .I final received authorization to get a second opinion and found out my knee wasnt even in place right and thats why Im in constant pain and I had to undergo another knee replacement.But I lived in pain for almost 2 years in pain and he never caught that my knee wasnt done right and I was extremely sick and depressed becauise I started thinking it was in my head. I wanted to see if I have a case because I dont want someone to go through what I went through.
1 ANSWER
Catastrophic Injury Attorney serving Roseland, NJ
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John J. Ratkowitz
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It sounds like the knee surgery was performed negligently, but I do not think you have a financially viable case with only two years of pain and suffering. Medical malpractice cases are very costly and time consuming for lawyers to pursue, and in most circumstances attorneys will not take them on unless a patient suffered a significant permanent injury that causes substantial disability as a result of the medical mistake. I probably would not take on your case because I do not think I would be able to cover the time I spent on it with the fees I was awarded through a contingency arrangement. Nevertheless, attorneys have different standards. Some attorneys will take on cases that are less profitable because they do not have sufficient business to turn borderline cases away. Additionally, you may be able to convince an attorney to take the case on if you agree to pay the expenses along the way.
If you do want to investigate a case further, 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 for more information about me. Click here for more information about my firm.
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, New Jersey 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 Sep 13th, 2012 at 5:50 PM