What to do if I had surgery over a year ago to fix a broken femur but have suffered ever since from complications?

UPDATED: Jul 29, 2013

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What to do if I had surgery over a year ago to fix a broken femur but have suffered ever since from complications?

The doctor went in and placed a metal rod in my leg from the upper hip down to my knee. I now have problems bending and moving my knee. Can I sue him for these complications?

Asked on July 29, 2013 under Malpractice Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Sometimes  medical treatment has complications and/or does not fully resolve the underlying problem. That is, unfortunately, a fact of life, and therefore the fact  that you have pain or complications does not, by itself, mean that the doctor is liable. 

For the doctor to be liable, he or she must have committed malpractice. Malpractice is the provision of medical care  that does not meet then currently-accepted standards for such care, such as through carelessness: misdiagnosing;  performing a procedure incorrectly; etc. If the doctor was negligent (careless) or otherwise at fault, he may have committed malpractice; but if he did everything right and you developed complications anyway, he would not be liable to you.

The best way to evaluate whether, under the specific circumstances of your situation, you may have a case is to begin by speaking with experienced malpractice counsel, who may refer you out to another physcian for scans, tests, evaluations, etc.

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