It is difficult to determine if one has a possible medical malpractice claim/suit without viewing the medical records. Thus, I would request all medical records from the time you broke your knee cap to present day from your doctor, all hospitals or clinics where you have had surgeries and from any other health care provider which has treated you in relation to this injury/infection. Most attorneys are going to want to view the medical records prior to determining whether to accept your potential case. This is because medical malpractice cases are very difficult to prove. Most state laws make it difficult to sue a doctor or other health care provider. There must be a breach in the standard of care. In order to prove that, an expert must be hired. This makes these cases also very expensive and time consuming. In sum, request the records and start trying to get consultations with personal injury/medical malpractice attorneys in your local area. Also, note that a statute of limitations will likely preclude you from filing suit after 3 years. A local lawyer in your area can also help you determine when that time period begins to run -- whether it is the date of the first surgery of the date you discovered the infection with the wound doctor. Best of luck.
NOTE: This response is general in nature and should not be considered legal advice. No attorney-client relationship exists or is formed by this information.
Answered on Apr 04th, 2012 at 11:52 AM