Medical Malpractice Results in Knee Infection and Loss of Movement...

by Cathy
(Broomfield, CO)

My mom had knee replacement surgery Nov. 2007. The day after her surgery she told the nurse that she had an unusual discharge from the incision (she'd had one surgery already and my dad had gone through two, so she knew what to expect). She asked the nurse to check it and to let the surgeon know so someone from his office could check in on her.

She was repeatedly told that it was a 'normal' discharge and not to worry. It turns out that it was a staph infection, which she found out AFTER she went home and the pain became so unbearable my dad rushed her to the hospital to be checked out.

Long story short, she had to have her entire knee, and much of the bone, removed and an antibiotic implant placed. She was confined to a rehab center for an extended period of time since she could not move that leg, needed IV antibiotics to fight the deadly infection and it would be impossible at that point for my dad to care for her.

Eventually another (wonderful!) surgeon replaced the implant and saved her leg/life, but to this day she is in pain and cannot walk without a walker, and only very limited distances. Her entire life was put on hold for 3 years while she underwent surgeries and therapies in the hope that she would be able to walk again.

Last month she finally was told that she would never walk unaided, and the pain is something she will have to live with. They moved from their home to a condo so she is more independent, but at this point is looking at possible litigation (she has since then found others that have had the same surgery, some that went fine but others that have also had trouble).

This has totally altered/limited my mom's (and dad's) lives. Is this a viable case, or should she just 'move on'? Thank you for your time, it is greatly appreciated!

Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information you provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when making decisions about your case. You should always get a formal case review from a licensed attorney.

ANSWER for "Medical Malpractice Results in Knee Infection and Loss of Movement...":

Your mother has obviously suffered greatly. Although the facts you present are shocking, absent the filing of a lawsuit within 2 years of the surgery, or November 1st, 2009, you mother’s claim against the doctors, nurses, and hospitals is not viable.

Regretfully, the Statute of limitations, or legal timeframe for filing suit, has passed. Filing a lawsuit would be a waste of your time and money, as upon Motion from the 3rd parties, the Court will most likely summarily dismiss your Mother’s case.

Since laws change frequently and across jurisdictions you should get a personalized case evaluation from an attorney licensed in your state (if you haven't already). Find an experienced local attorney to give you a FREE personalized case review here.


Best of luck,

Law Guy