Like every other surgery, knee surgery has its own set of risks and complications. However, if these complications arise due to the negligence of the surgeon, there can be medical malpractice case. Patients have the right to seek compensation for pain and loss, damages caused, loss of income, and medical bills to name a few. For getting the highest settlement, it is important to seek professional advice from an orthopedic expert witness as they can measure the gravity of the injuries sustained and accordingly can set an amount for the same. If you’re experiencing complications, you can bring a lawsuit against your surgeon.
Common risks and complications in knee surgery-
Knee surgery involves a wide range of risks and complications if they are not performed with care and caution. Some of the risks have been mentioned below.
- Nerve damage
- Infection
- Blood clots in legs
- Bleeding
- Pain around the knee region
- Stiffness
- Blood vessel injury
- UTI
- Loss of motion
The main concern in medical malpractice cases is that it is difficult to predict at which stage did the surgeon made the errors. Also, to prove negligence in the eyes of law, certain standards need to be established. The formula is no easy because the decision-makers will decide only after hearing the testimonies from both the orthopedic expert witnesses. There cannot be medical negligence unless something has happened out of the ordinary. For example, if you consented even after knowing the probable symptoms, then there cannot be a case of medical negligence. However, if the doctor fails to evaluate the previous medical condition or if they fail to obtain informed consent thus causing damages to the patient, then there are strong grounds for medical negligence. Also, if the surgery was performed for your well-being regardless of your consent, there cannot be malpractice claims.
There are various other issues that you might face. Some of them have been discussed below.
- Statute of limitations which means a short time frame to start your case.
- Medical expert witnesses should testify on behalf of either party
- The total settlement amount can be limited by a ‘damages cap’.
As you can see that medical malpractice cases are highly complex, it is important to see a lawyer as soon as possible. These cases contain complex elements making it highly uncertain. With the guidance of a lawyer and an orthopedic expert witness, you can settle with the highest amount. If you win the case, you can recover expenses for loss of income, loss of consortium, medical bills, pain and suffering, etc. You can receive compensation for both economic and non-economic damages. As mentioned above, you have a short deadline to start your case. You simply cannot delay it or else you lose the chance of exercising your compensational rights. If you feel that your surgeon was negligent and you’re facing complications because of the same, then you should immediately get in touch with an attorney.
