What to do about a failed knee surgery?

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What to do about a failed knee surgery?

What are my rights if a surgeon performed a total knee replacement and left me in pain post-surgery and I had to seek medical advice. Now it needs to be done again after X-rays show it has loosened. I have not contacted the performing surgeon because he will not even do X-rays or give me anything for pain.

Asked on January 24, 2012 under Malpractice Law, Louisiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

IF the surgeon committed malpractice, you may be able to sue him for medical costs, lost wages, and possibly pain and suffering. Note that the fact that the replacement has loosened or  is not entirely successful does not automatically mean that malpractice was committed--not all medical procedures are successful. "Malpractice" is literally "bad practice"--it's when a doctor, etc. is careless or otherwise provides medical care that is not up to current generally accepted standards. If you have reason to believe that might be the case, you should discuss the matter with a malpractice attorney.


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