if after 3 years I have constant pain because of a knee replacement that was not correctly installed, what are my rights?
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if after 3 years I have constant pain because of a knee replacement that was not correctly installed, what are my rights?
A year after the knee replacement my knee had a infection. The surgeon that cleaned out the infection told me that the reason for my limited motion and pain was due to an improper knee replacement. Is there any recourse for me to be compensated for my post knee replacement medical costs?
Asked on September 21, 2010 under Malpractice Law, Minnesota
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You could sue the doctor who performed the original knee replacement for negligence. You should obtain your medical bills and medical reports. The medical reports will document the nature and extent of your injury and will be used to determine the amount of compensation you receive for pain and suffering. Compensation for pain and suffering is an amount in addition to your medical bills. Your claim should include the medical bills, compensation for pain and suffering, and any wage loss. Compensation for the medical bills and wage loss is straight reimbursement. You will need to file your lawsuit prior to the expiration of the statute of limitations or you will lose your rights forever in the matter.
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