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Do I have a case against my doctor for surgical negligence?
I am a college athlete and severely injured by knee during a game. My doctor said I would need surgery to repair the knee by placing a small metal rod for part of my ligament in order to play again. After a few weeks of recovery from the surgery, everything was fine until I started feeling excruciating pain during a particular practice session. When I returned to see the doctor, he said there were metal chips in my knee that was causing the pain. He said I must have another surgery to remove the chips. Do I have a case against my doctor for surgical negligence?
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Answers
Surgical negligence or malpractice is the failure of a surgeon to provide adequate treatment to patients resulting in a personal injury or substantial loss of income. To prove surgical negligence, one must show that the surgeon did not exercise the degree of care and skill that a surgeon of the same medical specialty would use under similar circumstances. If medical standards were not followed, this means there was a breach of the duty of care to the patient and the surgeon may be liable for the resulting injuries. In your case, the question to ask is if the surgeon exercised a reasonable degree of care during his surgical procedure on your knee. If so, you may file an action for damages for the excruciating pain that you experienced as a result of his negligence. Moving forward, it would be best to consult with a Personal Injury Lawyer to determine the best course of action for your case.
Talk to a Medical Malpractice Injury Lawyer to get legal advice regarding your rights to file a lawsuit for medical negligence.
Good luck.
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Posted by Frank Rivero on 22 Jul 2010