Q: Complications after knee replacement surgery and potential legal options.
I had a total knee replacement surgery on February 26, 2024, which has resulted in several complications, including numbness, swelling, clicking, buckling, and burning sensations. I've undergone three aspirations and nerve condition tests. My gait is off, affecting my lower back, and I'm unable to sit or stand for long periods due to numbness and instability. I've discussed these issues with my doctors, and they have recommended a revision surgery, but there's a risk it might not improve my condition. I'm uncertain if the problem lies with the implant itself. These issues have led to a loss of work due to frequent doctor appointments and my inability to function properly. I'm seeking legal advice on my options and whether this could be a case of malpractice or a faulty implant. What steps should I take next?
A:
It could be a malpractice or product defect case.
Consult with experienced malpractice attorneys right away as there are strict lawsuit filing deadlines.
In your case, a medical malpractice attorney will review your facts to determine if it is likely the doctor acted below the standard of care. A medical doctor expert will be required.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Your situation with post-knee replacement complications raises several potential legal avenues worth exploring. Under California law, you may have a medical malpractice claim if your surgeon or medical team deviated from the standard of care during your procedure or follow-up treatment. Alternatively, you might have a product liability claim if the knee implant itself was defectively designed or manufactured, which requires different evidence and legal approaches.
Documentation is crucial at this stage - collect all medical records, surgical notes, implant information (including manufacturer, model, and lot numbers), and keep a detailed journal of your symptoms, limitations, and economic impacts like lost work. We recommend seeking a second medical opinion about your condition and treatment options, which serves both your health interests and provides additional evidence for any potential legal action.
The statute of limitations for medical malpractice in California is generally one year from discovery of the injury, while product liability cases typically allow two years, so prompt action is important. Many attorneys who handle these cases offer free initial consultations to evaluate your situation. Before your consultation, prepare a timeline of events and bring copies of relevant medical records to help with the preliminary assessment of whether you have a viable claim worth pursuing through litigation.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
