Orthopedic Surgeon did possible permanent damage- Do I have a case?

[hoc11]

What is the name of your state (only U.S. law)? Michigan

I suffered a knee injury about 9 months ago which required surgery to repair. I had the surgery with the original orthopedic surgeon (OS) to remove broken cartilage and repair a damaged ligament. After the surgery I developed severe complications with regards to excessive scar tissue buildup in the knee, with debilitating range of motion loss and chronic pain. I have had 3 subsequent surgeries to deal with this complication, 2 with the original OS, and now 1 (possibly more upcoming) with a new OS I found. After I had surgery with the new OS I read in his surgical notes that the reconstructed ligament (done by the original OS) was far too tight, and once it was cut (by new OS) the knee freed up and bent significantly more.

Now, the overly tightened ligament reconstruction may not necessarily be the cause of the excessive scar tissue formation, but it seems from the new docs notes that it was done way too tight and was significantly impairing range of motion, along with all of the scar tissue in the joint. There seems to also be some question amongst the team at the new docs office as to why this ligament was reconstructed in the first place, as apparently it is not commonly surgically corrected unless it causes recurrent problems (it had not caused problems prior to the injury, it was an acute event). The surgery was probably necessary to remove the loose cartilage, but it may not have been necessary to touch the ligament.

Would it be advisable to seek counsel from an attorney for a medical malpractice suit as I have had serious ongoing complications from this which may lead to permanent disability?

 

[tranquility]

Anytime you think you've been permanently injured by a doctor it is worth your time to seek out professional advice.

That being said, such surgeries are not just A+B=result stuff, there is a certain level of art as well. Having coached women and girls in soccer for decades, and seeing the terrible issue of knee surgeries repeatedly, I've tried to keep up on the literature and often ask the patients and doctors about it when I have a chance. Most surgeons try to make the ligament tighter from the start with the knowledge it will get looser over time. That is the big balancing act, how tight? If too tight a knee will have the issues you speak of. But, if not tight enough, normal use will cause the knee to become "loose" and similar problems--and more, result. How "tight" the knee is is a matter of art and one reason why you should seek out surgeons very experienced in the particular surgery you will have.

All that is to say, don't get your hopes up. Especially if you didn't precisely follow the PT post-surgery, you will have a very hard time getting a decision that the doctor fell below the standard of care when it is a known risk. Much like infection, without specific knowledge of error (That you are no where near here.), this is going to be known as a "complication" and not "malpractice".

 

[justalayman]

the scar tissue is your fault, or more accurately, your body's fault. Even with physical therapy and a perfect surgery you can develop arthrofibrosis. It is simply your body creating excessive scar tissue and causing the stiffness.

The overly tight ligament might have inhibited the range of motion enough so as to allow the scar tissue to grow where a properly addressed ligament would have allowed your physical therapy to prevent the growth. I suspect the outcome of your next surgery will be a good indicator as to whether the tight ligament is to blame or simply your personal physiology.

A problem you have here though is; if you end up with end up with excessive scar tissue after this surgery, it supports a defense that the tight ligament did not cause the complication and as such, result in a reduced or removed liability for the doctor. If you do not end up with excessive scar tissue, it reduces the value of your claim since you have now healed and there is no permanent injury. The only damages would be the added surgeries which don't result in a huge claim, especially if you have insurance to cover the medical expenses.

. There seems to also be some question amongst the team at the new docs office as to why this ligament was reconstructed in the first place, as apparently it is not commonly surgically corrected unless it causes recurrent problems

Not common does not equate to malpractice. If the original doctor can support his actions with accepted treatment plans, there is no negligence.

On top of all of that, if the original doctor can support the ligament repair as he performed it, there is no basis for a claim at all, even if that is the underlying cause of the arthrofibrosis.


Yes. time to speak to a lawyer but I suspect the lawyer isn't going to be to gung ho on this until the results of the next surgery are realized.