QUESTION

Is the hospital rehab unit liable for my totally replaced knee dislocation?

Asked on Oct 02nd, 2012 on Personal Injury - Oregon
More details to this question:
Six days after bilateral total knee replacements my right knee became dislocated in rehab, while being helped to navigate between a walker and a bedside commode with the help of 2 or 3 attendants using gait belts.I voiced to them that the knee did not feel right when they asked me to turn to back up to the commode, and felt the knee buckle. I was removed from that hospital and taken to another for manual manipulation to get it back in place (with a small close fracture of the femur). I was then returned to the 1st hospital rehab to be transferred to another longer term facility, to wait a week for x-rays, then back to surgery to repair the ex-tensor mechanism.and back to rehab. I then had to return home (live alone) with help from senior services and attended Physical therapy until my insurance ran out. I am still unable to traverse stairs easily or walk without a cane or walker for most things.
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1 ANSWER

Catastrophic Injury Attorney serving Roseland, NJ at John J. Ratkowitz
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You may have a medical malpractice case, but injury to a knee replacement during therapy might be an accepted complication of therapy. Additionally, if the second procedure will eventually heal the damage caused by the therapy, then there will a question about whether or not the case is financially viable.  If you want to investigate a cause 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 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 Oct 03rd, 2012 at 11:46 AM

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