Orthroscopic Knee Sx

[Iddig]

My husband was dx w/torn medial meniscus in April. He had orthroscopic sx on June 4th. During his 5 week post-op exam he expressed concerns that knee had been feeling better than seemed to be worse again. His doctor just kept telling him he needed to strengthen the joint and continued to send him to pt 3 times a week. At one point during pt the therapist refused to do anymore pt w/Eric until he saw the doc again because he felt something was not right w/Eric's knee do to lose of mobility. The doc ordered an ultrasound and based on that ultrasound told Eric he had excessive scar tissue and fluid  build up in the joint. He gave Eric a steroid injection and drained the fluid. Eric was sent back to pt.Eric was also sent for a second opinion by his employer. After the second doc examined Eric 2 weeks after his previous doc he was dx with possible new miniscule tear. New doc ordered an MRI and discontinued pt. The MRI dx was positive anterior horn miniscule tear and osteoarthritis of proximal tib-fib, not present in June. I feel the original doc caused the additional tear to go untreated and worsened as well as contributing to arthritis by continuing to send Eric to pt for strengthen without dx of tear from ultrasound or by not ordering additional tests like an MRI when Eric continually expressed his concern of worsening pain and lack of mobility. Eric is close to reaching the end of his FMLA time and will most likely lose his job do to this injury. He was originally told he would be able to return to full duty 3 weeks post-op.

ANSWER: So the question is, "does he have a medical malpractice case"?  Sounds like the first surgeon opted to take the conservative approach instead of an open knee operation. Although that may not have addressed all of the problems with that knee, and even exaccerbated the problem, I don't see a case. The reason is that the conservative option may not have been best but very doubtful that it could be called "below the standard of care" and that it was a reasonable medical judgment by the surgeon. I am almost certain that no lawyer would be interested in the case because of what I have said and also because the damages are not huge, which they need to be to justify the risk the lawyer takes on in terms of lots of money and lots and lots of time and work on the case. No harm in shopping around however but I think the best recourse is to get that knee repaired and make sure you have a well experience worker's comp atty. Good luck

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Thank you for your opinion. I just wanted to claify that origonally he poteior horn was not torn. That has occured after the first surgery. Also he was being sent to pt with a torn posterior horn unknown to ordering doctor despite Eric and the Physical Therapist telling the doctor  repeatedly they did not feel the kne was recovering properly. . Also during the past three and a half months we have lost our medical insurance and have been struggling to main tain our household off 66% average pay which is what Worker's Compinsation has been paying us. Although Eric was released for light duty several weeks ago his company does not offer light duty. He has been on full Worker's Compensation since his surgery date.Does this change your opinion. Thanks again.

[Gerhard]

No, nothing changes my opinion but it sounds like you have not retained a Workers Comp lawyer. You need to do this. It will not cost you anything. The atty knows how to get "permanent disability" for him, assuming he qualifies.  You don't gt PD automatically. You have to fight for it.