do i have a case?

[blove1973]

good day all...i am nearing the end of my workers comp case, at least in terms of immediate and actual care, and was wondering if i have a liability case against some folks...

first off im in arizona...car accident was back in 2006, delivering pizza...long therapy and such...

here is the thing...i have some beef with one of my previous surgeons and the center he practices out of, as well as a wound care clinic located at mesa general...back in april of 2007, i underwent a surgery to help increase my ROM in left knee from 40 degrees...he said thru a three surgery procedure, he could help it increase to over 90 degrees. the first surgery took place at AZ Orthopedic Surgical Center in Tempe. I was supposed to stay overnite for observation and to receive antibiotics, then probably be released the following day. however, someone literally forgot to check a box on the form, and did not reserve a room for me. therefore i was sent home with their apologies. just days after, i got an infection in my left knee. after a surgery to remove the infection, and antibiotics for 6 weeks, it cleared up. and the doc let me go, saying he didnt want to deal with me due to the risk. in nov of 2007, i found another doctor who agreed to undergo a total knee replacement, again, to increase the ROM (i was cleared to have the surgery by my infections disease doctor). turns out, this surgeon also works out of the same surgical center, AZ surgical center. after the operation, my knee never closed up properly. i was sent by the doc in december to a wound care clinic at mesa general hospital. i went there two to three times a week from december to feb. during this entire time, the wound never closed, though it was finally starting to at the very end, after wearing a wound vac for a month. on feb 1, i got sick, and went to the ER where i was admitted due to infection and ultimately lost my leg via amputation on the 12th of feb.

sorry this was so long. my main question is would i have a liability case against the surgical center for not keeping that first nite, by forgetting to check a box and reserving a room? and would i have a case against the wound care clinic for not recognizing the fact that the wound could be infected or that my hardware inside could be infected or that my bone could be infected after so much time attending their facility?

im really kinda pissed and its not about money, although this would be a way to get compensated for the pain and suffering i have been through over the past two plus years...

thanks in advance for any insight.

brian

[jayne]

Gads I dont know....I know infections happen.....but someone will be along in a bit a whole lot smarter than me.....

[stiffnecked]

Yikes dude! Your asking the wrong people. I'd say the first surgeon was negligent for abandoning you as a patient.

You gotta get out the phone book and call a medical malpractice attorney. Most everyone of them takes cases on a contingency fee basis. That means you don't pay up front and the first visit is always free.

You need to call someone post haste or you might start running into some statute of limitation issues.

[blove1973]

thanks! yeah i thought about that the other day, figured i better get moving. ill try to get a hold of someone today.

[Lilly]

I'm so sorry for what you've had to endure! A Simply terrible outcome.

I do know from experience w/ my mom, that infection is fairly common after knee replacement surgery. Several yrs back, She received a total knee. She fell out of bed the first night after surgery (she had altzheimers). There was a spot on the knee that she complained about almost immediately afterwards. Anyway, the knee was infected, and the infection got into the bone and honeycombed it, so, that the knee aparatus broke free from the rotten infected bone. She almost lost her leg due to the infection , PLUS she was diabetic. They had to remove the knee and insert a straight rod, as there was nothing to attach a new knee to. There was nothing we could do, law wise, against the hospital or surgeon for her piss poor care and supervision.

Your case may be different....as the doc that abandoned you during your care, knew of your plight & risk factor....so he bailed on you prior to you being healed to cover his own (Jayne's lame attempt to bypass the Bad Word Filter)!
What a jerk!!!!
The others are right...get on the phone and find yourself a medical malpractice lawyer!
Good Luck, and keep us informed, ok? Lilly

[blove1973]

thank you Lilly, I appreciate your concern! I am honestly doing very well now. I have a prostethic leg, received it late march, and am walking without any cane now, although i do keep it with me in case i need it when im out somewhere i am not familiar with. i just feel that since the first surgery is where i got the infection that ultimately cost me my leg, that i might have a case. i understand that infection is common...but my beef with them is that i was supposed to stay overnite. that was the plan. i had all my stuff with me. the surgury was early in the morning. spend all day there and all nite. on antibiotics and such. but they sent me home right afterwards, seriously, as soon as i woke up basically. all because they forgot to reserve a room. im not sure if that was the docs fault or the hospital. but it happened. and i feel that had alot to do with it. i just want whats fair. if there is such a thing.

ugh! haha i will keep you and everyone posted i promise! i have a call into a lawyer now and am waiting for them to get back to me. we shall see

[wcrazed1975]

blove 1973 man you really have been drug threw the ringer. As you have been told i would be looking for an attorney that will be in it to win it and get you some compinsation. In a fair world it should be easy to see that it was the hospitals fault but the burden of proof is on you make sure and keep a journal and write everything down no matter how little the details are. If there is one thing i know keep the forum posted and someone will give you the advice you need that just might help you in your struggle and remember we are all thing of you and praying for a full recovery.

Remeber you cant keep a good man down!

Good luck Wcrazed1975