Thursday, December 13, 2012

Are Knee Replacement Complications Proof of Medical Malpractice in Montana?

Question: Can the unauthorized surgery be medical malpractice?  On  04/29/11 I had a knee replacement.  I had complications Dr. broke my leg in two places. What kind of rehab would be recommended for a setback of such nature? 8/11 fellowship Dr. said knee cap was not placed tendon was too short, return in a year 10/22/11 manipulation didn't work. 12/15/12 back surgery, bone marrow for back bone with an additional knee manipulation that was unauthorized and not scheduled whatsoever showed me pictures that he bent my knee. Was not able to do physical therapy and did not heal in my back or knee whatsoever. I can't work, exercise, do any daily duties without pain. Pain that is chronic. I have no quality of life. 8/01/12 fellowship dr and 2nd opinion dr. said my knee could never be fixed and I was not able to be surgically fixed. Knee was to damaged for any type of surgery. 09/12 filled for disability. I am currently looking for care and help no dr. wants to see me and think I am a drug seeker. I have been referred to pain management. Am I in any category for help with my situation?



Answer:  I don't think you have a winning medical malpractice case.  Complications which defeat or delay the expected result do not, by themselves, prove medical malpractice in Montana.  The injured patient must prove the doctor was careless or ignored standard medical rules  AND that same act or omission must directly cause the permanent harm the patient claims. Many times, mistakes happen, but they don't change the outcome or they are unrelated to the serious problem that caused permanent injury.  You should check with a Montana medical malpractice lawyer if your treatment occurred in Montana.  Every state has strict time limits for filing medical malpractice claims so do not delay in contacting a local attorney.

www.bulmanlaw.com

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