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acl surgery cadaver ligament ruptured during surgery

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detour2

Junior Member
What is the name of your state (only U.S. law)? florida I had acl replacement surgery.I was advised that a cadaver achilles tendon would be the be suitable surgery for me by my doctor.He advised me he had two companies he preferred to use for this because of least number of problems etc.Anyways the day of surgery comes and while he apparantly thought the surgery was going fine he was about to close everything up and as he says he took one last look with the camera and discoverd the achilles tendon he had put in and secured with screws had ruptured.This put them in a scramble and a a situation of having someone run to the nearby hospital as this was being done at a surgery center,hope they had a suitable cadaver donor part and rush back and do it all over again.By the way the hospital cadaver donor parts was not one of his first choices.I presume this means i was under anastesia much longer than i would have needed to be as well as basically a second operation all over again.The whole situation was mentioned once to my wife in the waiting room and on one of my followup visits when I inquired about it they had said the doctor was having a meeting with the donor company about it and then it has never been brought up again by anyone.That surgery took place on May 1 and I have been involved in the grueling recovery which is normal for this surgery and believe I am probably coming along at the normal pace.My question is this,do you think there is a case here for mal practice or against the donor company for quality issues.I am quite upset about it never being brought up again and I was a little nervous about bring it up for fear of concerning the doctor about a lawsuit and wanting the best care I could get in my recovery phase from him which does not amount to much as your kind of on your own as far as that part of it.Now as time goes on and I start to feel better and am thinking more clearly after some recovery and getting of pain meds and stuff I feel like this whole thing was swept under the rug and tried to be forgotten about.I would like to hear from you as to whether there is a case here. thank you for your response.What is the name of your state (only U.S. law)?
 


JustAPal00

Senior Member
Right now you are healing fine so there is no case. IF, and I mean IF there is a serious problem later, you may have a case, but that is not even certain! What did they do wrong? They didn't manufacture the tissue. You need to worry about rehab and not what if's.

I was 38 when I tore my ACL, MCL, and meniscus. I had basically the same surgery except they used a patella tendon. I was playing hockey again 6 months after surgery, and now don't even wear a brace. Good luck!
 

detour2

Junior Member
Isn't there a responsibility of the donor company to provide healthy donor tissues as well as the surgeon to advise on the causes for the surgery to be needed to be done twice.I just feel like I was kept in the dark about everything which arouses my suspicions.
 

ecmst12

Senior Member
It may not have been possible to predict the rupture. The tissue may have been healthy and ruptured anyway (happens to live people all the time). And I don't see that you are really any worse off now then if the rupture hadn't happened. Your surgery took longer, yeah, but you still only had to go through one surgery, only opened you up once, and you were unconscious the whole time so you didn't know it had been longer then expected until you woke up! It sounds like your rehab plan and prognosis remain the same as they would have been too. So I don't see where you have any damages from this. If the surgery had been completed and you had been closed up and in recovery before they found the problem, it would be different, but that's not what happened.
 

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