QUESTION
What can I do if my wife was permanently imjured during knee surgery?
Asked on Jul 29th, 2011 on Personal Injury - North Carolina
More details to this question:
My wife had knee surgery August 13, 2009. Before surgery, she was given a "nerve block" to help for pain after the surgery. She was told that would be numb for 24 hours and then start feeling pain in the surgically repaired knee. It is almost 2 years later and she still has no feeling where the "nerve block" was given. We have spoken to a few attorneys, but were told there was no malpractice. Is this common and should we seek yet another attorney?
17 ANSWERS
Wrongful Death Attorney serving Salem, OR
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Swanson Lathen Prestwich, PC
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Medical malpractice cases are dependent on the anticipated and possible outcomes. If nerve damage was a possible outcome, then it is possible that the doctor did not commit malpractice. It sounds like you have spoken to several lawyers. I would get at least three opinions on whether you have a case and should pursue it.
Answered on Aug 02nd, 2011 at 7:21 AM
Automobile Accidents Attorney serving Portland, OR
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The Law Office of Josh Lamborn, P.C.
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Since I do not specialize in medical malpractice claims and I do not know all of the facts of the case and have not reviewed the medical records, I am not able to tell you whether there was negligence or not. If you have sought the advice of multiple attorneys who specialize in medical malpractice and they have turned down your case then it is likely that there is something about it that tells the attorneys that it is not a good case. That is very common. Even a case that appears very good on first glance can be a loser if there is a fatal flaw. Sometimes that flaw is a legal issue, sometimes the case is not worth the money it would take to pursue it, sometimes it is a fact involved in the case and sometimes it is just that the plaintiff herself would not be a good client either because she won't testify well, jurors will not like her, she previous injuries or she is just someone that would be difficult to work with. If you do not feel that you have received a straight up opinion about your wife's case I would suggest that you consult with another attorney and ask that attorney to be honest with you and tell you exactly why the case is not viable.
Answered on Aug 02nd, 2011 at 6:38 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You need a medical opinion, not a legal opinion. Unfortunately, the best way to get a medical opinion is to go through an attorney, because they know who to send your medical records to for a medical opinion as to whether malpractice occurred. If all she has is numbness, but no loss of function, she probably does not have sufficient damages to go through the expense of a malpractice case. This may be what the attorneys are telling you - not that malpractice didn't occur, but there is insufficient damages to pursue a case.
Answered on Aug 01st, 2011 at 7:48 AM
Yes. You should contact your local bar association for a referral of a plaintiff's medical malpractice attorney.
Answered on Jul 31st, 2011 at 9:04 AM
As a practical matter, even if there was negligence, it is too close tot the expiration of the statute of limitations to investigate and file the claim. But if several attorneys have turned down the case, it is probably not a case you can win.
Answered on Jul 30th, 2011 at 9:35 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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If you want to pursue this then you have to find a lawyer right away. The statute of limitations for a medical malpractice case is two and one half years. Whether or not malpractice was committed can only be determined by consulting doctors in the same general locale and with similar qualifications. Only a doctor can tell you if something was done wrong. Keep looking for a lawyer. Stick to lawyers who specialize in medical malpractice.
Answered on Jul 30th, 2011 at 9:13 AM
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Whether there was medical negligence depends on whether the doctor in question failed to use the degree of care skill and diligence which is used by ordinarily careful physicians in the same or similar circumstances, in the same or similar community. Further, their failure of skill must have caused the damages which are sought. A bad surgical result does not necessarily mean that the doctor was negligent. This type of matter requires a close reading of medical records by a medical professional in concert with an attorney as testimony by a medical professional will be needed in order to prove the case. Attorneys can differ on whether it is a viable malpractice case. Whether to seek another opinion depends on how closely the medical records were viewed and by whom.
Answered on Jul 30th, 2011 at 9:02 AM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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If permanent numbness is one of the expected potential complications and this was supposedly explained to her when they obtained her informed consent (they probably didnt tell her but they will likely lie and say they did), then you probably dont have a case. You might consider investigating whether the manufacturer of the medication they used to numb her knee has been sued for permanent numbness. You may have a product liability case. If so, the statute of limitations may be coming up in 2 weeks, so you need to act quickly to do your research and to find an attorney that will take this. It is not impossible to do in that time frame.
Answered on Jul 30th, 2011 at 8:50 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Nerve blocks are generally safer than a general anesthetic, which puts the patient in a controlled coma. Persistent numbness is one of the risks of surgery. If your wife is diabetic or pre-diabetic, the doctors can use that as a defense too. No obvious medical malpractice in your story.
Answered on Jul 30th, 2011 at 8:46 AM
Bad Faith Attorney serving Orlando, FL
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Riley Allen Law
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They are very likely correct. It's a known risk of the procedure. And the damages are limited such that we would not take that case. Riley
Answered on Jul 30th, 2011 at 8:43 AM
Real Estate Litigation Attorney serving Newport Beach, CA
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Fink & Abraham LLP
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Have you gotten a second medical opinion? Unless another doctor tells you that there was malpractice you do not have a case. Attorneys you spoke to were probably right. Note you only have 2 years from date of surgery to file suit.
Answered on Jul 30th, 2011 at 8:38 AM
Alternate Dispute Resolution Attorney serving Edmond, OK
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Woska Law Firm, PLLC
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The attitudes of the American public have led to tort reform which means "take away the rights of individuals so businesses can make more profits. Lawsuits for malpractice today are viewed with great concern by the public. It is probably a moot point anyway because the statute of limitations for malpractice in Oklahoma is 2 years from the date of the error. If your wife has not hired a lawyer and filed a case within 2 years of the malpractice injury, your wife has no claim because it becomes "time barred." Another issue in your case is the injury. No feeling in your knee can be a terrible and very scary situation to discover after an operation but the damages are likely to be devalued by jurors today. A numb knee case could very well make a juror mad that the Plaintiff is wasting his time with the claim. Until people begin to understand how medical malpractice cases can easily cause a lawyer to spend 150,000 to 250,000 presenting a case. The damages for a numb knee would be viewed by many med mal lawyers as insufficient to justify the time and the expense of the attorney. "Direct threats require decisive action."
Answered on Jul 30th, 2011 at 8:37 AM
In Utah, there is a two-year statute of limitations for medical malpractice. If you are going to seek an attorney, you should do so very quickly, as time is running out.
Answered on Jul 30th, 2011 at 8:37 AM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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Unfortunately, not every medical dilemma is the result of negligence. Medical malpractice, which is the legal terminology for a doctor's negligence, is only present when the doctor deviates from the expected standard of care under those circumstances. In other words, if a doctor follows the proper procedure that is recommended for a particular malady or situation and despite doing so, something doesn't go well, it is only the doctor's fault if they were negligent in their efforts. Many medical procedures carry a certain degree of risk that cannot be avoided. If other attorneys have reviewed your case and determined that there was no malpractice, you will have to use your best judgment to decide if you trust what they are telling you or not. If you still think that the doctors did something negligent and what happened to your wife was foreseeable and the result of the doctor's negligence seek an additional opinion. Lawyers don't always get it right either. Medicine in not an exact science. On the other hand I will tell you that if you came to my office and told me that your brought your case to 2 - 3 other attorneys and they all agreed that there was no negligence, I would probably not take the case either. Use your own judgment as to whether you want another opinion or not.
Answered on Jul 30th, 2011 at 8:27 AM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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Has a doctor said there was malpractice?
Answered on Jul 30th, 2011 at 8:05 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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That, unfortunately, is not an uncommon occurrence. In Florida, a bad result can not be used as evidence of negligence. You are required to have the opinion of a "similar health care provider" to testify that the defendant was negligent before you are allowed to bring a claim. Assuming that the doctor who operated on your wife was an orthopedic surgeon, then you would have to get a board certified orthopedic surgeon to render the opinion that what the doctor did who operated on your wife constituted a deviation from the prevailing standard of care. In the absence of such an opinion, you cannot pursue the doctor for malpractice. Additionally, the statute of limitations for malpractice is only 2 years, so it looks like time is extremely short for you to get such an opinion in time to bring a claim. If you haven't consulted with an attorney by now, the chances of finding an attorney who would be willing to take your wife's case with such short notice is very slim. Call one today if you haven't spoken with an attorney yet.
Answered on Jul 30th, 2011 at 8:05 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You are doing this backwards. You must first get the hospital chart in full and have it reviewed by a surgeon and let him tell you whether it is just a bad result or if it is malpractice. A bad result sometimes happens when the best technique is used by the dr. perfection is not required of a dr. only that he meet the medical standard of care. A lawyer cannot help you without a medical o-pinion.
Answered on Jul 30th, 2011 at 8:04 AM