What to do about a doctor who didn’t do a proper follow-up to my surgery?

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What to do about a doctor who didn’t do a proper follow-up to my surgery?

I had a knee replacement 2 years ago. I had constant pain during and after physical therapy, and the ROM never progressed. About 6 weeks later had to have it manipulated and the ROM months later was at 75 degrees. The doctor kept sending me to physical therapy, telling them to work my knee out hard. The doctor moved to another state and so I went to another doctor. He and he took an X-ray and found out the knee wasn’t working correctly, so he did a revision. My knee is much better but has damaged muscles and tendons from the first knee. Would I have a case against the first doctor, who told me there was nothing wrong? Should I speak with a malpractice attorney? In Fannin County, TX.

Asked on July 3, 2011 under Malpractice Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You should definitely talk to a medical malpractice attorney. If a patient is injured due to a medical professional's negligence, or unreasonable carelessness, the patient may be entitled to compensation (including medical costs, lost wages, if any, and possibly pain and suffering for prolonged pain and/or some loss of function). Medical malpractice can come in many forms and at many stages in the medical treatment, such as misdiagnosis; a poorly done surgical proceeding; and also improper follow-up, testing, or monitoring, if the accepted standards of care would have included follow-up, etc. From what you write, it would be worthwhile consulting with a medical malpractice attorney. Don't wait, though; if too much time passes, then the "statute of limitations" will bar you from bringing your lawsuit.


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