Can I sue my doctor if 4 years ago I had knee surgery but didn’t get the proper medication and was in pain for all these years?

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Can I sue my doctor if 4 years ago I had knee surgery but didn’t get the proper medication and was in pain for all these years?

Also, I had the second knee replacement 3 years ago because it got infected and the knee was not the right size. Further, the doctor put long rods down my leg and thigh bones and I recently got another infection. They that said since they could not remove the knee without destroying my bones they will clean it which a new doctor at the same hospital but they said they want to put me on antibiotics for life because they said they can’t get rid of my infection. Can I sue for malpractice? What is the best thing to do?

Asked on July 7, 2013 under Malpractice Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Speak with a medical malpractice attorney IMMEDIATELY. Normally, a medical malpractice claim must be brought within one year of the procedure. There are some exceptions if you could not, even with diligence, have discovered the injury until later, but 1) it's not easy to invoke those exceptions--you need experienced legal help; and 2) even those exceptions runs out entirely at 4 years. So since you may have a claim, but must bring it within the requisite time, meet with a malpractice lawyer right away, before any more time passes.


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