I had a total ankle replacement in March of 2019. I am still having severe pain so I saw my surgeon. He tells me he may have missed some bone spurs or the prosthesis is not fusing to the bone. Also, a second surgery is probable. Do I have a case because he botched the first surgery?
2 Answers from Attorneys
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Dr. Donna Kay Cindy Kakonge, BJ, MA, TESOL, LLB, EdD
I am sorry you are facing this. There is no way to predict the success of a claim without a better examination of the facts and the records. You use the term "botched" because there were issues after the first surgery, but those may very well be common, expected issues, possibly outlined in information you received. Also, depending on the prognosis and the nature of the second surgery, the value in the case would have to be considered. Medical malpractice cases are often turned down regardless liability because the likely award does not justify the cost and risk. An attorney considering this would want to go over the details with you and as noted in any available records, get authorization to order any additional records, and, ultimately, consult a physician with some expertise. There are excellent attorneys that have considered similar claim serving your area. Usually, clients' cases are considered without expense and, if taken, the claims are handled on a contingent fee.