Medical Malpractice/knee replacement

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Question
My husband Had a knee replacement 2-2013 had to have a revision in 2-2014 by a different doctor due to extreme complications of the replacement it had to be completely replaced due to being put in wrong (measurement done incorrectly) lots of pain and suffering for a year due to this and now recovering slowly but am recovering never will be as good as if it were put in correctly originally,have all records including as well as the knee part taken out.our phone number 5107598642

Answer
Paula:  Whatever the merits of the malpractice case, the Statute of Limitations in CA in ONE YEAR from when the patient KNEW OR SHOULD HAVE KNOWN OR DISCOVERED OR PUT ON NOTICE THAT MALPORACTICE MAY HAVE OCCURED.  That means at best, one year from 2-14 or, 2-15.  You can extend that time by 90 days. Research Cal. Code of Civil Procedure section 364.  However, I think if this was a viable mp case, the defense would strongly argue that the time ran out long before now.  It would be argued that the one year began to run when your husband realized his surgery failed and that it was due to a measurement issue.

On the merits, a failed implant surgery isn't automatically evidence of malpractice.  Surgical results are never guaranteed and the way I explain it is this:  Imagine 10 knee surgeons looking at every detail of your husband's case.  It would require at least 7-8 of them, in my mind, to say something like this to interest me in the case:  "What the heck was this surgeon thinking?  He clearly erred in doing this or not doing that.  This was very careless and clearly the incorrect way to handle this surgery".  Any mp case will be hotly defended with the best lawyers and the best experts to say "yes, it is unfortunate that this surgery failed by the surgery was done WITHIN THE STANDARD OF CARE and therefore, no malpractice.  And because it would be such a difficult and expensive case to pursue, unless your husband was permanently incapacitated of had his leg amputated, it just wouldn't be economically viable to pursue.  Important:  Check the exact brand and type of implant that failed.  See if it had been recalled and /or subject to defective product litigation.  It it was for instance a Zimmer knee, investigate further.  

Medical Malpractice

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Glenn A. Dorfman

Expertise

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

Experience

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

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

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