What are my daughter’s rights regarding a botched surgery?
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What are my daughter’s rights regarding a botched surgery?
My daughter had surgery last year for a torn ACL. After 7 months she began having knee pain and went back to the ortho.surgeon for advice. No changes/follow up were given in this visit and the surgeon suggested arthritis. In 6 weeks my daughter called the surgeon again. An MRI was done for follow up of the issues.The surgeon stated the MRI showed a meniscus issue causing her knee alignment to be off and the ACL was fine. She got a second opinion and this surgeon stated the MRI results showed the ACL was damaged and possibly not attached correctly and her knee was out of alignment, meniscus issue and there was fluid in the knee. Surgery was recommended and done this month. The new surgeon found that the surgical ACL not attached correctly.
Asked on May 22, 2013 under Malpractice Law, Maine
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If the surgeon committed malpractice--that is, the care he provided did not meet then-currently accepted standards for such care or procedures (e.g. he did not attach an ACL properly, as you write), he is potentially liable for the costs of additonal medical care; for pain and suffering for the impairment of normal life functions and enjoyment; for lost wages (if any); and for other out-of-pocket costs (e.g. if your daughter has had to hire housekeepers because she can't do as much work around the house). If the surgeon (and/or practice, clinic, hospital, etc.) while not volutarily agree to pay an amount of compensation your daughter finds acceptable, she could bring a malpractice suit. Your daughter should consult with a malpractice attorney.
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