Legal Question in Medical Malpractice in Florida

I had a total knee replacement 5 months ago. I am a healthy 34 year old. 4 days after my surgery I developed cellulitis ( infection at the incision). Infectious dr admitted me and inserted a picc line . I was on iv antibiotics for several weeks. Infection dr said scalpel must have not been cleaned properly. Few months went by I still have no range of motion and can't walk. I got a second opinion because my dr gives me the run around excuse after excuse. The second opinion specialist said " your not gonna walk or bend knee dr put wrong implant " in you. It's now August and I have to have a revision now because the dr. He has ruined my life . I am lifeless. Can't do anything . From hospital to the dr both played a part in this .

Asked on 8/01/17, 8:11 am

2 Answers from Attorneys

Alan Wagner Wagner McLaughlin, P.A.

If the wrong implant was put in, you will as a practical matter, need the assistance of your current doctor to be able to testify and explain what the first doctor did wrong. Have you discussed this with him? Many doctors are unwilling to testify against another doctor. We call it the conspiracy of silence.

Contact a medical malpractice lawyer. Make sure that the lawyer actually handles med mal cases and isn't someone who will just send the file elsewhere.

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Answered on 8/01/17, 8:40 am
Angelo Marino Angelo Marino Jr. PA

I am sorry to hear about your situation. Was there a representative from a medical supplier with the doctor? Many times the vendor is in the surgery with the doctor and will even recommend the implant.

Nevertheless, if what you say is correct, you have a case to look at. Most of us will want to wait until the second surgery is completed to do anything. Generally speaking, there is a 2 year statute of limitations.

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Answered on 8/01/17, 1:34 pm

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