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Please help, I had knee surgery in 2009

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  • Please help, I had knee surgery in 2009

    I had knee surgery in 2009 when I was 17. The doctor did the OATS procedure(which was a bone graft) because I had a medical condition called osteochondritis dissecans. After he did the surgery he noticed he was missing about and inch of one of his drill bits. X rays were done and the drill bit was lodged in my knee cap. He spoke with my dad who was responsible for me at the time and told him it would be more detrimental to take it out and that it would never be an issue. I've had shooting pain in my knee at random times and during certain movements since I had the surgery, but I thought it was normal pains I would have after surgery. The pain was unbearable last week, so I went and had x rays done and the doctor at the urgent care was outraged that he would do such a thing and that it was causing my pain and needed to come out. I then went back to the doctor who did the first surgery and he said it was no big deal and he could just open me up and take it out. He hasn't said anything about payment for the surgery but I'm out of work for who knows how long and I have a mortgage and a baby on the way. I have tried to speak with paralegals and attorneys but no one will take my case and I'm not sure what to do. Any information will help. Thank you.

  • #2
    re: Please help, I had knee surgery in 2009

    Originally posted by CoulterRising View Post
    I had knee surgery in 2009 when I was 17. The doctor did the OATS procedure(which was a bone graft) because I had a medical condition called osteochondritis dissecans. After he did the surgery he noticed he was missing about and inch of one of his drill bits. X rays were done and the drill bit was lodged in my knee cap. He spoke with my dad who was responsible for me at the time and told him it would be more detrimental to take it out and that it would never be an issue. I've had shooting pain in my knee at random times and during certain movements since I had the surgery, but I thought it was normal pains I would have after surgery. The pain was unbearable last week, so I went and had x rays done and the doctor at the urgent care was outraged that he would do such a thing and that it was causing my pain and needed to come out. I then went back to the doctor who did the first surgery and he said it was no big deal and he could just open me up and take it out. He hasn't said anything about payment for the surgery but I'm out of work for who knows how long and I have a mortgage and a baby on the way. I have tried to speak with paralegals and attorneys but no one will take my case and I'm not sure what to do. Any information will help. Thank you.
    In what state did this occur? If there is a case to be filed here, it's possible that the statute of limitations may prevent you from pursuing recourse. In addition, if there was a case to be filed before, it would have been up to your father to do so, and even he did not believe there was any justification to do so.

    There *IS* the possibility that your continuing pain and discomfort may be worth something, but if the doctor didn't charge you for the surgery to remove the drill bit, then you may not have any kind of damages to pursue. The fact that no attorneys have been willing to take your case is very telling, in that if they won't accept a case, there may not be one to pursue.
    "If it ain't in writing, it never happened."
    "A lack of planning on your part does not constitute an emergency on my part."
    "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

    Comment


    • #3
      Originally posted by sandyclaus View Post
      In what state did this occur? If there is a case to be filed here, it's possible that the statute of limitations may prevent you from pursuing recourse. In addition, if there was a case to be filed before, it would have been up to your father to do so, and even he did not believe there was any justification to do so.

      There *IS* the possibility that your continuing pain and discomfort may be worth something, but if the doctor didn't charge you for the surgery to remove the drill bit, then you may not have any kind of damages to pursue. The fact that no attorneys have been willing to take your case is very telling, in that if they won't accept a case, there may not be one to pursue.
      It happened in Arizona. One paralegal I spoke with said that there might be a loophole because I didn't know it was hurting me until a week ago. I'm not really a lawsuit happy person I just want to be reimbursed for my work missed.

      Comment


      • #4
        re: Please help, I had knee surgery in 2009

        I would recommend you first talk to the dr (assuming you trust him to do it?) and see if he will fix it on his dime.

        If not you might be able to get in under the statute as it also tolls based on when you knew or should have known about the problem.

        If the dr shoots you down visit with a lawyer.

        Comment


        • #5
          re: Please help, I had knee surgery in 2009

          Originally posted by CoulterRising View Post
          ...I've had shooting pain in my knee at random times and during certain movements since I had the surgery...
          Originally posted by CoulterRising View Post
          ... I didn't know it was hurting me until a week ago...
          These two statements are in DIRECT conflict with each other.

          Of course you knew your knee was hurting you, ever since the surgery. If it was NORMAL from the surgery, it would have gone away shortly after the surgery as you healed. The fact that it continued to hurt, even at random times and during certain movements, means that the pain has been ongoing since the surgery.

          Arizona law has a 2 year statute of limitations on medical malpractice cases, in which a case must be brought within 2 years of the cause of action. There is an exception in that the statute doesn't start to run until the manifestation of the injury, i.e., when you actually started feeling pain resulting from the doctor's malpractice, which in your case happened immediately after the initial surgery.

          Additionally, the statute tolls (stops running) until such time as you reach your majority in the case of injury to a minor (which you still were at age 17). That would mean that the SOL ran out in 2012, almost 2 years ago. It would be up to you to convince the court that you didn't know your pain was being caused by the doctor's negligence, and that the SOL should have started to run until you did realize that - and that will be very difficult to prove, given that you've ALWAYS had pain since the original surgery. That could also explain why the paralegals and attorneys are unwilling to take your case - because you waited far too long to pursue the matter while you had and continued to have pain after the initial surgery.

          I'm afraid that you waited far too long to attend to this issue. That also gives the doctor a plausible contributory negligence claim against you, since if you had brought the matter to them far sooner, the damage and pain would have been far less. It might not have required as long of a recovery period, either, which means you wouldn't have needed to take that time off work after the recent corrective surgery took place.

          I'd consider yourself very lucky if the doctor doesn't charge you for the surgery, or even was willing to give you a deep discount on the procedure, and leave it at that.
          "If it ain't in writing, it never happened."
          "A lack of planning on your part does not constitute an emergency on my part."
          "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

          Comment


          • #6
            Originally posted by sandyclaus View Post
            These two statements are in DIRECT conflict with each other.

            Of course you knew your knee was hurting you, ever since the surgery. If it was NORMAL from the surgery, it would have gone away shortly after the surgery as you healed. The fact that it continued to hurt, even at random times and during certain movements, means that the pain has been ongoing since the surgery.

            Arizona law has a 2 year statute of limitations on medical malpractice cases, in which a case must be brought within 2 years of the cause of action. There is an exception in that the statute doesn't start to run until the manifestation of the injury, i.e., when you actually started feeling pain resulting from the doctor's malpractice, which in your case happened immediately after the initial surgery.

            Additionally, the statute tolls (stops running) until such time as you reach your majority in the case of injury to a minor (which you still were at age 17). That would mean that the SOL ran out in 2012, almost 2 years ago. It would be up to you to convince the court that you didn't know your pain was being caused by the doctor's negligence, and that the SOL should have started to run until you did realize that - and that will be very difficult to prove, given that you've ALWAYS had pain since the original surgery. That could also explain why the paralegals and attorneys are unwilling to take your case - because you waited far too long to pursue the matter while you had and continued to have pain after the initial surgery.

            I'm afraid that you waited far too long to attend to this issue. That also gives the doctor a plausible contributory negligence claim against you, since if you had brought the matter to them far sooner, the damage and pain would have been far less. It might not have required as long of a recovery period, either, which means you wouldn't have needed to take that time off work after the recent corrective surgery took place.

            I'd consider yourself very lucky if the doctor doesn't charge you for the surgery, or even was willing to give you a deep discount on the procedure, and leave it at that.
            I knew my knee was hurting me. That statement was more applied that I didn't know the drillbit was causing the pain. I'm not sure if you've ever had surgeries but if you have I'm sure you know that nothing ever goes back exactly the same and that there still are aches and pains. By the way I posted this for information, not for your two cents on how the doctor is handling the situation and how I'm irresponsible for waiting too long.

            Comment


            • #7
              re: Please help, I had knee surgery in 2009

              Originally posted by CoulterRising View Post
              I knew my knee was hurting me. That statement was more applied that I didn't know the drillbit was causing the pain. I'm not sure if you've ever had surgeries but if you have I'm sure you know that nothing ever goes back exactly the same and that there still are aches and pains. By the way I posted this for information, not for your two cents on how the doctor is handling the situation and how I'm irresponsible for waiting too long.
              I realize that some things don't completely resolve after surgery. However, the fact remains that your pain didn't ever get better, only worse. That should have at least warranted a repeat visit to the doctor, or a DIFFERENT doctor, to see what could be done to help with the pain.

              You asked if you had a viable case. No one called you irresponsible. I wasn't judging you per se, only explaining to you why your case isn't as cut and dried as you might wish it to be.

              Unfortunately for you, those paralegals and attorneys who are refusing to take your case seem to agree. If it's even possible to be successful, you've got some fairly sizeable obstacles to overcome FIRST.

              I'm sorry that you didn't get an answer you wanted or liked.
              "If it ain't in writing, it never happened."
              "A lack of planning on your part does not constitute an emergency on my part."
              "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

              Comment


              • #8
                Originally posted by sandyclaus View Post
                I realize that some things don't completely resolve after surgery. However, the fact remains that your pain didn't ever get better, only worse. That should have at least warranted a repeat visit to the doctor, or a DIFFERENT doctor, to see what could be done to help with the pain.

                You asked if you had a viable case. No one called you irresponsible. I wasn't judging you per se, only explaining to you why your case isn't as cut and dried as you might wish it to be.

                Unfortunately for you, those paralegals and attorneys who are refusing to take your case seem to agree. If it's even possible to be successful, you've got some fairly sizeable obstacles to overcome FIRST.

                I'm sorry that you didn't get an answer you wanted or liked.
                It's not that I didn't appreciate the information that you gave me, if the case isn't viable then it isn't, I just wanted to know. I should have gone back years ago but I'm not just the type of person to get worked up over pain. I know now that it needs to come out and that's all that matters, I just needed to know that the doctor was doing the right thing.

                Comment

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