Legal Question in Medical Malpractice in Indiana

I had a medical malpractice suit against a local doctor. He told me I was agreat candidate for a NEW partial knee surgery because I had arthrities in both knees, which i knew, but had went to him for shots in the knees, which I had got from my doctor who moved away. I wasnt real bad pain wise, I had got these shot once a year. I was starting a exercise program to get into shape so I wanted the shots. He (the doctor) was like a used car salesmen and told me everything I wanted to hear! I'll never have anymore pain, the surgerys simple ect... I had signed a paper with him and the hospital, that if once he gets inside my knees, if theres more arthrities than the xrays showed, I gave him premission to do a full knee replacement. Will thats the first thing I asked when i woke up after surgery and the nurse told me I had only partial. I was happy that I didnt need the full replacement. Two weeks after surgery I had my follow ups and told him I was extremely knockkneed. I mean people noticed me! It was bad! He said all girls are knockkneed! So the final 6 week appointment I took my husband with me and this time he asked him about it and that doctor told him the same thing! He never asked me to walk for him or lay down lets measure or anything! He released me for a year! Six weeks later I couldnt take the pain in the legs and now starting in my back and my ankles and feet so i got a second oppinion and this doctor with the same company looked at the xrays and said you still have arthrities. He said you would have to wait 7 or 8 months to heal before getting a full knee inplants. Seven months later i went to a different doctor that wasnt in the same health network and he looked at the first doctors xrays and said I did have arthritites and bone spurs and also in exrays before the first doctor took. (The one who moved had his own set taken). I had to have the knee surgery 8 months after the first and had to go on disability give up my job and now live in constant leg pain from the knees down. The lawyer I had took my case but was nothing but negitive though out the case and rarely contacted me. I just knew he was doing nothing. Nov.5 09 The medical board said no malpractice. I asked him if he has the admission papers from the hospital (which would of been good evidence) he said hum I think so but I'm not sure. This doctor shouldnt get away with this!! any suggestions???? Dottie I'm 53 this happened in 07


Asked on 12/03/09, 10:14 pm

1 Answer from Attorneys
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

You can still file a medical malpractice suit in your local court now that you have a decision from the Medical Review Panel. However, you need to do so soon as you might only have 90 days to do so from November 5, 2009. You will need to find a doctor with the same specialty as the one whom you are suing to provide an affidavit that the defendant's conduct did not meet the standard of care and that his actios caused your current condition. Good luck.

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Answered on 12/11/09, 5:20 am


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