Help for my dad

[cj]

I'll try to make this short. About a year ago, my 75-year-old dad had a knee replacement. He complained about it not feeling right, weak and all that. He's a complainer generally, so we didn't pay as much attention as we should have, I suppose. He's also overweight, and we thought that wasn't helping his situation.

He finally had it looked at, by 2 different doctors at 2 different facilities, and both of them agreed that a large muscle was not attached properly. Said it was pretty obvious, and was a huge oversight. Turns out that the doctor who did the surgery has also been in & out of alcohol and/or drug rehab more than once, before and after his surgery. The current doctors also said that further surgery would only have a 50% chance of success.

Sounds like malpractice to me... Dad talked to a lawyer, who indicated that it would be expensive to pursue and difficult to prove. My parents have limited means, and it would be a burden to have big legal bills. Dad is very shy about asking for money. He does not want to sue the pants off of anyone, but he is clearly worried about needing nursing or other help in the future if he can't get around, and thinks that he should be assured by the medical group that did the surgery that he could get help in the future if it is needed. A friend of theirs suggested to him that he contact his medical insurance (they pay $600 per month for what is, I suppose, a Medicare supplement) and that their attornies might pursue it, since they will have to pay for additional surgery, etc. It worries me that if he does that, the insurance company might drop them.

They are 500 miles away, so I can't hold their hands through appointments, etc. What would you all suggest I tell them to do? Any input is welcome.

Thanks,
CJ

 

[Texas Proud]

As indicated.. first get with your medical insurance... but they might think they have some liability also.. wait for one of the attorneys here to say about this...

Look for attorneys that only do medical malpractice.. they will know if the case is a good one or not... and if it is good, they will do it on contingency... if NOBODY wants to do it on contingency, then it is probably not a good case.. but you still might pay to file and see if you can get a settlement for something...

Have you looked into the percent of this kind of surgury that does what happened to your father In other words, could they claim it was him doing something that 'ripped' it off Just a thought... what is their defense..

 

[Moemg]

[...

Have you looked into the percent of this kind of surgury that does what happened to your father In other words, could they claim it was him doing something that 'ripped' it off Just a thought... what is their defense..
[/quote]

If that was even a remote possibility one of the two doctor's who examed him would have mentioned that. I vote for going to a malpractice attorney .

 

[cj]

Have you looked into the percent of this kind of surgury that does what happened to your father In other words, could they claim it was him doing something that 'ripped' it off Just a thought... what is their defense..

No, both doctors seemed pretty certain that it was not attached as part of the surgery.

 

[Texas Proud]

No, both doctors seemed pretty certain that it was not attached as part of the surgery.

Then that sounds like malpractice to me.... see if you can get an attorney on contingency... but your dad has another surgury and 'pain and suffering'... so he might wait until after he has that one done to sue...

 

[Meadbh]

cj,

I'm sorry to hear about your Dad. Another thing to do is to contact the Board of Physicians in your dad's state and make a complaint. The licencing body and would be in a position to discipline a surgeon who was practicing under the influence. If it was discovered that the licencing board knew this person was a risk and did not take appropriate action to protect the public, your dad would have a stronger civil case. Depending on the state, details of a physician's previous infractions may be in the public domain, perhaps on the Board's website. If your Dad also lives in Maryland, check this link.