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My daughter had knee replacement surgery 16 months ago. She went through extensive physical therapy, to no avail. She was in thereapy for several months and the insurance stopped payment for the treatment. She is in constant pain, had manipulations done, and went to see about having them scrape old scar tissue. recently, she went to another doctor and found out that the reason her knee will not bend is because they apparently left part of a piece of bone that stops her kneee from bending. Now they are going to have to do the knee replacement again. This entails the actual surgery, time in a rehab center and then weeks of physical therapy again. The doctor who told her about this is part of the orthopedic team that did the first surgery. My daughter is disabled and this has been a long process with disheartening results. A few people have told hr that she may have a case. We are just trying to find out a little information.
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To determine whether your daughter may have a viable medical malpractice claim, the first consideration is whether the piece of bone should have been removed at the time of the first surgery. The bone may have broken off after the knee replacement, in which case the result is probably a risk of the procedure. However, if the piece of bone is of sufficient size and can be identified on post-op x-rays, then you may have a claim. You may wish to obtain her medical records from her first surgeon then discuss the matter with her current treating orthopedist to determine if there was oversight on the part of the first doctor.
You should keep in mind that there is a two year statute of limitations in Colorado for medical malpractice claims. You must file your case within two years of the date of the medical negligence or lose your right to do so. Other time limitations may apply, so act promptly.
Answered on Mar 24th, 2015 at 9:53 AM