To Sue or Not to Sue that is the question?

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I had bone on bone before my replacement it was initially a TKR than the surgeon decided to do a partial. Fast forward 10 weeks still need assistance to walk can't walk without either the walker or cane. Can not stand on my own even when using the cane or walker there is a lot of pressure to the front of the leg. Still have sensation issue cant wear anything over it or lay underneath blanket at night. Also feel this throbbing jumping in the front of the knee. Went to get a second opinion from another OS as to why I feel like im not healing properly and was told my implant is metal on metal and there may be a problem with the implant but I won't know until it has been removed. So I ask who is at fault for this being I have to have a 2nd surgery to hopefully fix the problem. No answers given just saying it can be several things that can cause this. Is there some oath that says one MD cannot accuse another MD of wrong doing. Anybody else considering sueing the OS due to additional surgery needed?

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  • Posted

    Good morning. So sorry to read about your trouble. I had a TKR in 2013 that initially seemed to be fine but after about 8 weeks I had very little bend and increasing pain. To cut a very long story short,I had a second opinion from a surgeon who specialises in revision surgery. He found that my original implant was too big and badly aligned. I have recently had to retire early because I cannot perform my duties as a midwife. Consequently my pension is less and I have lost 5 years of my working life. I HAVE sued the initial surgeon and,yes,they do try not to slate their colleagues! Any money I may get is to make up for my lost wages and pension. Try to consider all this when trying to make up your mind. I wish you well,it's not an easy decision! Also,when I first wrote on this forum about considering suing the surgeon,I was slated!

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  • Posted

    I know how you feel i had a total knee not even 2 years ago now i have to have a revision because implant is lose, and i asked the surgeon if he thought it was anything the last surgeon did and he said no that he thinks it is because my body for what ever reason rejected the cement. Hope you get well soon.
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  • Posted

    There isn't an oath but you can bet it's difficult. The problem is, you probably signed a stack of forms, one of which is a hold harmless litany of everything that can fail or has been known to fail. Knee metal seems far less subject to rejection than does hip.

    Hope you start seeing some improvement shortly.

    That jumping is probably nerves retiring. As nerves heal you have a lot of that a d it comes and goes. Nerves are the lat part of the healing and it can last for months

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  • Posted

    I am experiencing same issues I am in total pain 24/7. Sick of pain pills and ice. I HAVE BECOME IMMUNE. I am having a 3d bone scan to determine whether I have infection or mechanical issue ,or if this is the way it is. If it's mechanical that would bring a lawsuit. A infection is very hard to determine where it came from , thus making lawsuits tough.

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  • Posted

    So sorry this has happened to you; I too had an unfortunate result, with the fault primarily in the surgeons. I pursued suing ( since egging his car seemed juvenile), and had an attorney who would take the case ( which since they get paid only a percentage of what is recovered means they are pretty sure they will win). I had 8 months of unbearable pain ( definitely hospital acquired infection, undiagnosed for months), home with an IV, 3 surgeries, and 24 hour care. I was off work for 9 months. I think I am a strong person, but had PTSD after with my family helping me all that time to pull me thru. 2.5 years later, I have neuropathy in that leg that will last forever but is under control with MEDS. ( no not narcotics). I decided not to sue because I needed to get on with my life....thankfully we didn't go under financially so I couldn't put my family thru any more.

    Good luck with your decision. I'm not sure there is a right one. I will have to do my other knee soon (painful bone on bone). Now THAT'S a decision I don't want to make either.

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