Should I sue?

[goaded]

What is the name of your state? IN

September 2003 I had knee surgery - had a torn ACL & torn LCL ... to this day I still can not fully extend my leg. This causes my knee to give out from time to time, I can not run, I have pain from time to time. I had considered filing a malpractice suit, but had heard they are difficult to win, so I havent. A bad outcome doesnt mean malpractice. I guess I need to see another doctor and run up some bills to see if I have a case ??

Well today, yes today I got a bill in the mail saying they were sorry to have waited so long, but that they were now going to bill me. LMAO! More than a year and a half later they want to send a bill - you got to be kidding me. I guess they dont know about SOL or theyd of left well enough alone. I think that was the straw that broke my back.

 

[pulse]

I agree with your statement that bad outcomes do not mean malpractice. Unfortunatley people think medicine and surgery for that matter are repeatable and reliable sciences. Unfortunately every person and every injury is different. Every person also rehabilitates differently, we've seen a few stories of DVTs after people go home and sit on the sofa.

Be careful being motivated by revenge. Money always makes people angry because it doesn't feel right to pay for a bad outcome, after all you would get a refund for a car if it never worked properly. However the procedure was still performed and the Dr has a right to be paid.

Has the Dr mentioned why you cannot straighten the leg? This is unusual for an ACL rupture alone. An LCL repair means the injury must have been very severe. I've seen about 30 ACL repairs and only one LCL repair.

Have you done all the PT? Have you had a repeat arthroscopy?

I would see the surgeon and ask if he/she knows why you cannot extend the knee. If you are not satisfied with the answer then see someone else and you may end up needing an arthroscopy or at least a manipulation under an anaesthetic.

Regards
Pulse

 

[reviewphysician]

What is the name of your state? IN

September 2003 I had knee surgery - had a torn ACL & torn LCL ... to this day I still can not fully extend my leg. This causes my knee to give out from time to time, I can not run, I have pain from time to time. I had considered filing a malpractice suit, but had heard they are difficult to win, so I havent. A bad outcome doesnt mean malpractice. I guess I need to see another doctor and run up some bills to see if I have a case ??

Well today, yes today I got a bill in the mail saying they were sorry to have waited so long, but that they were now going to bill me. LMAO! More than a year and a half later they want to send a bill - you got to be kidding me. I guess they dont know about SOL or theyd of left well enough alone. I think that was the straw that broke my back.

Your problem may not be torn ACl and torn LCL. You may need an MRI of that knee to be sure what the problem is. Trauma to a joint not only result in torn ligaments but it can also be a fertile ground for arthritis and all. So get an MRI and have a professional look at it.

www.reviewphysician.com

 

[goaded]

Yes, it was a rare injury - so the surgeon said. They said my knee was in pretty bad shape. To this day it is still quite puffy/swollen.

The surgery was in 09-2003 - after the procedure I was placed into a spilt for 1 week - immediately after that they put me into a full leg cast for 3 more weeks. After than they sent me to their therapy center - which delayed getting me in until 2 weeks after that. I completed ALL of the sessions they scheduled for me.

I believe they took way too long getting motion back and as such scar tissue built up and I can not fully extend now. I never was placed on the passive movement machine - they told me that was for "old ladies" ...

You are correct, I had planned on going thru life with this pain, swelling and not being able to run or even walk without practically falling on my face when it decides to give out ... the fact that they sent a bill 1 1/2 yrs later could be revenge, but I have always thought they didnt fulfull the level of care necessary to insure full recovery.

I have not revisited this surgeon in quite some time - I had come to accept that my knee wasnt ever going to be right again. I agree that I most likely need to have another surgery or the very least some painful manipulation!

reviewphysician - no clue what you are talking about - I stated I had a torn ACL and LCL and had surgery - I know what was wrong. Guess you got to spam your website though huh?

 

[panzertanker]

Yes, it was a rare injury - so the surgeon said. They said my knee was in pretty bad shape. To this day it is still quite puffy/swollen.

The surgery was in 09-2003 - after the procedure I was placed into a spilt for 1 week - immediately after that they put me into a full leg cast for 3 more weeks. After than they sent me to their therapy center - which delayed getting me in until 2 weeks after that. I completed ALL of the sessions they scheduled for me.

I believe they took way too long getting motion back and as such scar tissue built up and I can not fully extend now. I never was placed on the passive movement machine - they told me that was for "old ladies" ...

You are correct, I had planned on going thru life with this pain, swelling and not being able to run or even walk without practically falling on my face when it decides to give out ... the fact that they sent a bill 1 1/2 yrs later could be revenge, but I have always thought they didnt fulfull the level of care necessary to insure full recovery.

I have not revisited this surgeon in quite some time - I had come to accept that my knee wasnt ever going to be right again. I agree that I most likely need to have another surgery or the very least some painful manipulation!

reviewphysician - no clue what you are talking about - I stated I had a torn ACL and LCL and had surgery - I know what was wrong. Guess you got to spam your website though huh?

I agree with pulse, anger is not a good barometer for if you have a good case, and neither is an old bill.

I would suggest you go to another ortho, have a repeat MRI, and use that second opinion to gauge your reaction. The thing that stands out here is that you, pulse and your ortho all state it was/is a RARE injury. That would lead me to believe that the outcome for such a bad injury would not be as much guaranteed as you "everyday" arthoscopic procedure for say a meniscus problem. I am not saying your pain is the inevitable outcome of a bad injury: rather that the procedure for your repair is not as common AND your damage was much more extensive.
Good luck
Todd