AboutGlenn A. Dorfman Expertise Twenty-four years experience in personal injury, medical malpractice and medical product liability law. Practice currently concentrated on the diet drug (fen-phen) litigation. Qualified to answer all questions regarding injuries and the law, except for worker`s compensation.
Question QUESTION: I am 41 years old. I had surgery for a torn meniscus in October. 2 days later I developed 2 blood clots. 1 caused 3 pulmonary embolisms. The other caused forced blood into my quad muscle and damaged the quad. I am still in therapy and walk with a limp. I have constant pain. I still can not bend down or do simple leg lifts without pain. 2 different surgeon offices have turned me down for 2nd opinions after reviewing my medical records and surgery notes. They say there is nothing they can do. My surgeon contends he does not know what happened and clots can go bad. Not being able to get a simple second opinion worries me. Do I need to seek legal action. I'm afraid of permanent damage and can get no answers about healing time.?
ANSWER: I believe that any surgery carries the risk of blood clots forming and once that happens they can go to the lungs, heart and brain. Unless you had a history of blood clotting problems, I doubt that you can identify anything particular in the surgery that was done negligently that caused the problem. However, I am not an ortho surgeon and any lawyer you would contact, like me, would have to obtain a review by an expert in that field. I have no idea what could have been done incorrectly in the surgery to cause the problem. You have to find the answer from a specialist. I don't think a lawyer would take your case at this point because although the result of the surgery was unexpected and involved serious complications, things like this happen even when the surgery is done by the book. Nature of the beast. If you get some off hand opinion that the clot problem was the result of some error in the surgery, then you have a case. No harm in calling local lawyers in any event.
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QUESTION: Thank you for the response. I guess I really didn't start to worry until I was turned down by 2 different ortho offices for a second opinion on what can be done from this point forward. I have been told that only happens when other doctors do not want to get involved in a probably malpractice situation. Is that your experience in the past?
Answer It is not my experience nor my expectation that other doctors would turn down your case because they don't want to get wrapped up in a med mal case. If that were the case, then there must be something in the Operative Report that is something of a "smoking gun". It is my experience that a surgeon will attempt to conceal mistakes during a surgery by writing a vague report. But I just don't know what could have been done so wrong to cause the clotting problem. I am sure you will find medical help and hopefully return to full health. Sorry I can't be more helpful.