What to do if I had a total right knee replacement 7 years ago and found out 2 years ago that I have severe spinal damage because the hardware they put in was too large?

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What to do if I had a total right knee replacement 7 years ago and found out 2 years ago that I have severe spinal damage because the hardware they put in was too large?

My left side is 2 inches shorter than my right therefore that puts a lot of stress on my spine. This has caused a lot of damage.However, I did not know this until 2 years ago, so how can I have sued 6 years ago? That’s ridiculous. Do I have a case now? I am 56 years old and I am on permanent disability I will live the rest of my life in severe pain. This is not right. How can somebody get away with this?

Asked on January 30, 2013 under Malpractice Law, New Jersey

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It is not too late to file your lawsuit for negligence.  Negligence is medical malpractice.   Negligence is the failure to exercise due care (that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm.  New Jersey has a two year statute of limitations in a medical malpractice case; however, if you did not discover the negligent act until years later as in your situation, you have two years from the time you discovered it to file your lawsuit.

It would be advisable to speak with a medical malpractice attorney as soon as possible because if your lawsuit is not filed prior to the expiration of the applicable statute of limitations, you will lose your rights forever in the matter.

Your damages (monetary compensation you are seeking in your lawsuit) should include compensation for the medical bills, compensation for pain and suffering, which is an amount in addition to the medical bills, and compensation for wage loss.

Compensation for the medical bills is straight reimbursement.  Compensation for pain and suffering is an amount in addition to the medical bills determined by the medical reports which document the nature and extent of your injury.  Compensation for wage loss is straight reimbursement.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I suggest that you immediately consult with a personal injury attorney about the problem that you have written about to see if whether or not your claim is time barred or not despite knowing of the problem for two years and not filing suit. I agree that you could not have know about the problem seven (7) years ago but your delay over the past two (2) years from doing something about the matter could be costly for you.


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