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I had a total knee replacement just over a year ago and did not get a full recovery. I did not regain full extension and have been told I need revision surgery. The physician stated that once in he could determine if it was me or something that they did. So far I have only one second opinion in which the doctor confirmed the revision need. He also said that it was probably due to not enough bone removed among other things.
I am 54, and still athletic and active in the gym. I had painful therapy sessions which each time it would take 2 to 3 people to push my leg down to 0 position. After 5 months of therapy I continued on my own at the gym and at home. My bend in my knee has not changed much that I can remember since shortly after the procedure.
Here is my question, can I look at legal grounds at the negligence of the physician? Revision for me is very risky, I am a type 2 diabetic, I would have to lose at least 20 pounds, I would have to take at least over a month off of work again. I'm also looking for a physician that would be able to exam and determine if the procedure was done correctly.
Positive feedback would be appreciated. And thanks in advance.
Your best advice will come from a lawyer experienced in the medical malpractice field. Most likely you were asked to sign the disclosures regarding the side effects of a knee replacement and risks in general of having surgery. That means you were given informed consent of the risks. A malpractice case is going to rely on proving your surgeon did something that fails to live up to the field / profession given the circumstances in your specific surgery. The law is pretty cautious in protecting doctors, otherwise they would be hesitant to do a surgery. Leaving a surgical tool in the patient, operating on the wrong body part, hitting an organ, etc... are examples of more clear cut negligence cases. Doing what is expected in the surgery and not having it go as well as one hoped, becomes more challenging to prove negligence (especially if they only way to verify this is by doing a second surgery).
The other hard thing is other orthopedic surgeons will likely be hesitant to blatantly call it negligence in fear of getting dragged into a lawsuit. I'm guessing your second opinion avoided saying anything more than a revision was needed? Other doctors might become hesitant to take you on as a patient if the hear the malpractice word, if they don't want a medical malpractice claim against themselves if the revision surgery doesn't go well.
I think you nailed it according to what I have found out so far. I'll have to consider that advice since it may save a lot of time and effort. I do plan on having the revision just not right away and by a different physician. By then the statute of limitation probably will have past.
I will however keep an eye out for a malpractice lawyer who maybe has dealt with this type of thing. Thanks for your advice.
Just because you need a revision doesn't mean it was gross negligence. You yourself said that you have co-morbidities that would preclude you from healing as a normal patient. Getting yourself back in shape by swimming, dieting, and biking would be most beneficial. I would spend more time looking for the best doctor to fix my knee rather than a lawyer to take your case. We are fortunate to have good surgeons at Duke and UNC that handle many of the tough revision cases. Good luck.
Consider also going overseas to Europe especially Germany. Many of my coworkers have done so and have paid out of pocket for back surgery instead of having a low out of pocket cost here staying in the US with their insurance. After so many doing this the company has finally started to cover the co-pay going over there. Not a small sum when it was costing $50k out of pocket, but the results were so much better.
10 years ago my wife had both knees replaced at same time by Dr. Bradley Vaughn. I sorta recall he has designed what he installs, and she was "level" after the very successful procedures. ;-)
Physical therapy within 24-36 hrs of surgery, then daily. Bought a stationery recumbent bicycle and parked it in front of a TV for watching these types of videos for motivation:
Sorry you've had a rough go of it. I've always heard knees are one of the worst joint replacement surgeries to recover from. It's my understanding that hips are a lot easier. That said, my MIL's partner did have his knees done and he was having a slow recovery from it, but dedicated himself to losing weight and he is getting around much better now. I think he lost about 30-40 lbs and it really helped.
I put it off a long time, but I finally got a total left knee two days ago. I hope to get a lot of mileage out of it. I hate to think revision. I'm very sorry for your troubles.
OP: One almost has to be dead or lost a limb for attorney to get involved. I've been living with a botched/somewhat failed hip replacement for 8 yrs now. And my knee is messed up due to this surgery, but I'm hobbling and managing as best I can as I know of many who have NOT had the outcomes they wanted and hoped for from these replacements. If attorneys got involved with all the botched and failed surgeries, they would do nothing else. That's why we sign so many papers before surgery.
Not everyone comes out great..like some of the members say here.... I'm sorry for you and you are young, you are not alone, no consolation of course. Not why we do these major surgeries.
I would not advise to go overseas, there are failed jobs over there too.
Dr. Darrow speaks of so many patients who come to him for Prolotherapy and PRP and many living with what you and I live with. He can only do so much with metal parts...often this work can help ligaments/tendons.
Things could improve with more time for you and to do another invasive surgery, adding insult to injury. Good thoughts to you and I sure do "get it"....I live it.
Last edited by jaminhealth; 11-30-2018 at 11:27 AM..
I had a total knee replacement just over a year ago and did not get a full recovery. I did not regain full extension and have been told I need revision surgery. The physician stated that once in he could determine if it was me or something that they did. So far I have only one second opinion in which the doctor confirmed the revision need. He also said that it was probably due to not enough bone removed among other things.
I am 54, and still athletic and active in the gym. I had painful therapy sessions which each time it would take 2 to 3 people to push my leg down to 0 position. After 5 months of therapy I continued on my own at the gym and at home. My bend in my knee has not changed much that I can remember since shortly after the procedure.
Here is my question, can I look at legal grounds at the negligence of the physician? Revision for me is very risky, I am a type 2 diabetic, I would have to lose at least 20 pounds, I would have to take at least over a month off of work again. I'm also looking for a physician that would be able to exam and determine if the procedure was done correctly.
Positive feedback would be appreciated. And thanks in advance.
My doctor told me when I had mine done 4 years ago there are some knee replacements do not work. NO I doubt you can or have any reason to take action against. As for getting an opinion on whether the knee replacement was done correctly, I doubt anyone could help you hear. I would get a second opinion as to whether you should have the procedure repeated. I also remember my surgeon telling me about 20% of the surgeries are not totally successful.
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