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Arthroscopic Surgery

Been the victim of Medical Malpractice or fighting a malpractice suit? Discuss it here.

Arthroscopic Surgery

Postby Kalen » Thu Nov 17, 2016 7:39 am

Hello. I had ACL surgery about 18 moths ago. When I went back to the doctor(Kaiser)after surgery to get the MRI done he noticed the cadaver graft did not take.  I just got a new job so I did not want to go back into surgery rigth away, but now I am looking at doing it next year.  When I asked the doctor for the xrays to pass onto a new hospital I also asked why he thought the surgery was unsucessful in more detail. He explained that he used a new type of screw that is attached to the graft that is slowly broken down by the body and absorbed.  He said that this "absobtion" may have occured too quickly and that these screws were later recalled.  Is there a case for malpractice if these screws were faulty and later recalled?  Perhaps this was nobody's fault?

ANSWER: The answer is fairly obvious. If the screws were recalled after your surgery due to a defect that was the cause of the failure in your case, then you have a product liability case against the company that manufactured them.  On the other hand, if the recall was before the surgery, and the doctor used them anyhow, you would have a malpractice case against the doctor.  You should get a copy of the records of the surgery and determine the name and serial or lot numbers of the screws. If those numbers are on the recall list which would be published somewhere, you might look into the product case. I would be willing to do that research for you on the chance that you might have a case. Need the name of the product and the ID numbers which are assigned to all medical devices. You can e-mail me directly at [email protected]

---------- FOLLOW-UP ----------

Thanks for the answer. I just followed up with the doctor and as it turns out it was not that the screws were absorbed too quickly, rather they created soreness in 3 out of every 10,000 patients.  This is a very small number, but they were recalled nonetheless.  I as well as a majority of patients did not experience soreness.  Does this break any type of case?  I still have not found out if they were used in me after the recall, but I am picking up the records next week for more details.  Is this worth following up on?thanks.Gabriel
Kalen
 
Posts: 38
Joined: Thu Jan 30, 2014 4:41 pm

Arthroscopic Surgery

Postby Bentleah » Fri Nov 18, 2016 10:39 am

First thing, don't accept everything the doctor says as the objective truth. Find out the name of the screws and do your own research on the recall. I can't quite believe they would recall a product that causes minor problems(soreness) to .0003% of the patients. Aspirin kills a higher % than that!  Bottom line is this: if your surgery failed due to the same reason that the screws were recalled and they were put in after the recall, you definitely have a malpractice case. But I bet $10,000 this isn't the case. Recall came later. Therefore, no malpractice case. If the screws went in before the recall and your problem is related to why they were recalled, you have some kind of case or claim against the manufacturer. In that case, google(name of screws or company....litigation/attorneys, etc). See if there are any lawsuits about this product. If so, contact one of those attorneys.
Bentleah
 
Posts: 57
Joined: Thu Jan 30, 2014 9:02 am

Arthroscopic Surgery

Postby AngelinaJolie » Sat Nov 19, 2016 3:37 pm

Hello. I had ACL surgery about 18 moths ago. When I went back to the doctor(Kaiser)after surgery to get the MRI done he noticed the cadaver graft did not take.  I just got a new job so I did not want to go back into surgery rigth away, but now I am looking at doing it next year.  When I asked the doctor for the xrays to pass onto a new hospital I also asked why he thought the surgery was unsucessful in more detail. He explained that he used a new type of screw that is attached to the graft that is slowly broken down by the body and absorbed.  He said that this "absobtion" may have occured too quickly and that these screws were later recalled.  Is there a case for malpractice if these screws were faulty and later recalled?  Perhaps this was nobody's fault?

ANSWER: The answer is fairly obvious. If the screws were recalled after your surgery due to a defect that was the cause of the failure in your case, then you have a product liability case against the company that manufactured them.  On the other hand, if the recall was before the surgery, and the doctor used them anyhow, you would have a malpractice case against the doctor.  You should get a copy of the records of the surgery and determine the name and serial or lot numbers of the screws. If those numbers are on the recall list which would be published somewhere, you might look into the product case. I would be willing to do that research for you on the chance that you might have a case. Need the name of the product and the ID numbers which are assigned to all medical devices. You can e-mail me directly at [email protected]

---------- FOLLOW-UP ----------

Thanks for the answer. I just followed up with the doctor and as it turns out it was not that the screws were absorbed too quickly, rather they created soreness in 3 out of every 10,000 patients.  This is a very small number, but they were recalled nonetheless.  I as well as a majority of patients did not experience soreness.  Does this break any type of case?  I still have not found out if they were used in me after the recall, but I am picking up the records next week for more details.  Is this worth following up on?thanks.Gabriel
AngelinaJolie
 
Posts: 40
Joined: Sat Jan 04, 2014 10:39 pm


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