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Medical Malpractice/FR intrichantric fx With ORIF


I tripped over my dog leash 6/9/2013.
I had orif the next morniing a mimninably invasive surgery.
A Gamma nail was placed to about the knee level
I have PT/OT at home and at a pt facility.I have went to 3 ortho surgeons,due to the fact of continued pain where the gamma nail ends in the femer.I sill feel like the upper anchor hardwear is not right. I am in constant pain. I sn not sleep or lay on my rt.side. I still use a cane and a walker at times.
The answer is always the same "IT takes a while to heal "
I am a 59 y/o women with no medical proplems except arthritis Thank You for Your Help Sue Soto  

You mistated the date of the injury but if it was in 2013 then you probably do need to give it more time. But it is far too premature to ask a lawyer about the situation. A lawyer, based on the information you provided, cannot say that there was malpractice.  Only an orthopedic surgeon looking at the surgery that was done could make such a finding.  To be malpractice, that expert would have to say something like "My God, what was Sue's doctor thinking?  This was (one possibility) not the correct surgery for this type of injury and the surgeon should have known it would not have a good result or (second possibility), that surgeon misplaced the hardware, used the wrong hardware, etc. etc. and there is no excuse for that and that is why Sue is still having problems and was permanently injured by the sub standard surgery".

That is what you would need to make a malpractice case.  Not only done very wrong.....not just error in judgment..........and very serious, disabling injuries as a result that can't be order to make the damages hign enough to justify a lawyer spending thousands of his own money and months or years of legal work.

All I know from your "question" is that you are having a slow and painful recovery.  That tells me nothing in regards to malpractice.  Sometimes a surgery is done completely by the book with the finest surgeon but the surgery is still not successful. Failure of a surgery is not in itself evidence of malpractice.  Hope this helps and that you do make a good recovery, eventually.

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Glenn A. Dorfman


Thirty-four years experience in personal injury, medical malpractice and medical product liability law. Qualified to answer all questions regarding injuries and the law, except for worker`s compensation. Also wide experience in medical product defect cases ie current litigation regarding the Johnson&Johnson (DePuy)defective hip implant cases and Mirena IUD issues


Thirty-four years experience handling cases involving auto accidents, trips and fall, fires, dog bite,medical malpractice and defective medical product cases with particular emphasis in 2012 and beyond with the DePuy ASR (Johnson&Johnson) defective hip implant cases. Twenty-five years of experience with defective IUD issues as well

Jurisdoctor Degree 1976 and Member in good standing with CA State Bar Assoc. since 1976

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