Oakland, CA asked in Medical Malpractice, Health Care Law and Personal Injury for California

Q: I had a failed knee replacement. First the kneecap was tracking. Then it came loose.

I needed 2 revisions. The original surgeon denied it over 18 months. It's been 4 yrs and still in pain.

2 Lawyer Answers

A: I'm sorry for your ordeal. One option is to discuss with a California law firm that handles such cases. Most offer free initial consults. If they felt that you had the grounds for a claim, they could retrieve records and review with a medical professional. Good luck

James L. Arrasmith
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Answered

A: In California, if you've experienced complications from a knee replacement surgery, including issues like the kneecap tracking improperly and then becoming loose, leading to multiple revisions and ongoing pain, you might consider consulting with an attorney experienced in medical malpractice. These legal professionals understand the complexities of medical negligence cases and can help evaluate whether the original surgeon's denial of the problem and any delayed or improper treatment meet the criteria for a malpractice claim.

Given your situation, it's important to gather all medical records, including documentation of the initial surgery, any follow-up treatments, and the outcomes of those treatments. An attorney can help review these records, along with expert medical opinions, to determine if there was a failure to meet the standard of care expected in the medical community, which directly caused your ongoing issues and pain.

California law imposes specific time limits for filing medical malpractice lawsuits, typically within three years from the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first. Considering the time that has already passed since your surgery, it's crucial to seek legal advice as soon as possible to ensure your rights are protected. An attorney can guide you through the process of potentially filing a claim to seek compensation for your suffering, additional medical expenses, and any loss of quality of life.

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