QUESTION
My orthopedic surgeon chose not to give me oral anti biotics even after reminding him that all other work done by him on me resulted in infections.
Asked on Sep 12th, 2012 on Medical Malpractice - Pennsylvania
More details to this question:
I have three operations on my left knee resulting in a total replacement and three on the right shoulder resulting in a total replacement. All of these operations resulted in infections and not so nice looking scars. On August 13th, I had my right knee scoped and some small damage repaired, within two weeks I came down with an infection I went to see the doctor and asked for antibiotics. I was told it would be fine and I reiterated the fact that all our previous surgeries together have not turned out well when it came to infections. I was sent home and within 4 to 5 days my knee became septic and I had to crawl to the phone while screaming for my wife to help me. I needed to have emergency surgery and sat in hospital for two days and now I am sitting home for six weeks with a pick in my arm and giving myself two different kinds of antibiotics every 12 hours I was told if I had waited any longer the infection could have gotten into my blood. Do i have a case?
1 ANSWER
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John J. Ratkowitz
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Accepted standards of care require prophylactic antibiotics for a knee replacement, but not for arthroscopic surgery. Additionally, if the antibiotics help and no further damage is done, you probably do not have a financially viable case.
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, 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 Sep 13th, 2012 at 5:47 PM