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Need NC Medical Malpractice Attorney?

Old 08-25-2017, 01:18 PM
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GMW
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Default Need NC Medical Malpractice Attorney?

Not sure whether I have a case or not.

2013 - Have knee replaced
2014 - 6 months later have that replacement revised - appliance came loose and needed to be replaced
2017 - Screw comes out and if floating around behind knee. Surgery to retrieve that screw.

Not sure if it is Dr fault, appliance manufacturers fault or a combination of both.

1st time it was fixed, I chalked it up to !@#$ happens
2nd time, well this is getting to be a pattern.

I am concerned that now I have a knee that has had 3 major surgeries and if these 2 "fixes" don't last, I am in for some more grief.

I am out about $17k for all three surgeries ( high deductible insurance plan) so it is not a great amount of $ but it makes it tough to swallow.

I contacted one attorney who would not take the case but urged me to have another attorney look at it. I got the feeling that he was interested in a slam dunk as far as medical malpractice is concerned.

I get that in NC medical malpractice is tough to prove (especially in NC) and that attorneys are in the business to make money and can't invest a lot of time and effort on something that may be a gray area.

Anybody have any ideas or should I just suck it up and move on?
Old 08-25-2017, 03:03 PM
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I know this won't be a popular opinion, but the best constraint on frivolous lawsuits is contingency arrangements.

Lawyers who specialize in med/mal are generally very, very hard to "convince" to take cases - because they put out so much $$ in bringing them. The good ones have nurses on staff, and MD's on speed dial to review your situation.

Ask your attorney for a few names of good, reputable (I know, not the best adjective) med/mal lawyers in your area.

If one of them takes your case, you very likely have a case.

If they won't take it, you probably don't.

EDIT: The issue in your case might not be the Dr., but the device used in your knee. It may be one that is already subject to litigation. Again, a good med/mal lawyer will know that.
Old 08-25-2017, 04:03 PM
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I agree with nicecast. But also note that your claims may be about to run up against the statute of limitations, so act quickly. Hell, if you'd have asked sooner, I'd have taken the NC bar exam, signed you up, and referred it out.
Old 08-25-2017, 06:11 PM
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NC is the hardest state in the country for winning a malpractice suit. Most lawyers wont touch it.
Old 08-25-2017, 06:45 PM
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What screw came loose? Pic of X-ray?
Old 08-25-2017, 06:48 PM
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More than likely you don't have a case due to the paperwork you signed before surgery.
Old 08-25-2017, 07:02 PM
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That's why they call it practicing medicine
Old 08-25-2017, 08:55 PM
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What deficits do you have?
Old 08-25-2017, 09:21 PM
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I fell off a roof and shattered my tibula and fibula bilaterally at the plateau. Doc put in a plate and a screws. Some or many of the screws started working out of the bone. Doc removed them and the plate.

Screws come loose.

Every case is guess is different.
Old 08-26-2017, 04:20 AM
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Originally Posted by Claim View Post
I fell off a roof and shattered my tibula and fibula bilaterally at the plateau. Doc put in a plate and a screws. Some or many of the screws started working out of the bone. Doc removed them and the plate.

Screws come loose.

Every case is guess is different.
That's different..fracture work vs knee arthroplasty...

Screws come loose in fracture work...
Old 08-26-2017, 07:16 AM
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Originally Posted by GMW View Post
Not sure whether I have a case or not.

2013 - Have knee replaced
2014 - 6 months later have that replacement revised - appliance came loose and needed to be replaced
2017 - Screw comes out and if floating around behind knee. Surgery to retrieve that screw.

Not sure if it is Dr fault, appliance manufacturers fault or a combination of both.

1st time it was fixed, I chalked it up to !@#$ happens
2nd time, well this is getting to be a pattern.

I am concerned that now I have a knee that has had 3 major surgeries and if these 2 "fixes" don't last, I am in for some more grief.

I am out about $17k for all three surgeries ( high deductible insurance plan) so it is not a great amount of $ but it makes it tough to swallow.

I contacted one attorney who would not take the case but urged me to have another attorney look at it. I got the feeling that he was interested in a slam dunk as far as medical malpractice is concerned.

I get that in NC medical malpractice is tough to prove (especially in NC) and that attorneys are in the business to make money and can't invest a lot of time and effort on something that may be a gray area.

Anybody have any ideas or should I just suck it up and move on?
I would not see this a gross negligence which is what is needed to win a malpractice suit. I believe you would need to prove they did not follow standard procedure, or knowingly used faulty products. Statute of limitations is normally 3 years from occurrence, in some states it is 3 years from when you were made aware or became aware of issue. I would chalk this up to unfortunate bad luck more than medmal.
Old 08-26-2017, 07:56 AM
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tough situation as to whether it was installed improperly or the appliance was faulty

one thing to start doing is finding out if others are experiencing similar issues with the doctor and/or appliance
Old 08-26-2017, 08:12 AM
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Originally Posted by Lorne Greene View Post
More than likely you don't have a case due to the paperwork you signed before surgery.
That paperwork is moot in instances of gross negligence.
Old 08-26-2017, 08:19 AM
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Originally Posted by TorFed View Post
That paperwork is moot in instances of gross negligence.
Old 08-26-2017, 10:23 AM
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Who made the original knee and what model- femur, tibia, or both come loose? You probably wouldn't have much of a case against the doctor bc his dictation will state he did it just like everyone else. A screw coming loose from a revision component capturing a stem is very uncommon but does happen.
Are you going back to the same surgeon for the third procedure?
Old 08-26-2017, 10:28 AM
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edited to remove comment.

Last edited by Tainui; 09-26-2017 at 08:44 AM.
Old 08-26-2017, 12:19 PM
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Thanks everyone. 3rd surgery was a different surgeon thank goodness. I have since moved out of state. The screw actually came completely out and had to be removed very quickly. It interfered with the knée movement and was almost impossible to walk. X ray looked like a screw that had fallen out of the bin at Home Depot. Floating around behind the knee.

I had read NC was very difficult for med mal. Hopefully this is the end of it.
Old 08-26-2017, 01:19 PM
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David Stradley in Raleigh. He may not take the case but feel sure he can refer you to someone who will or a least tell you if he thinks you have a case or not.
Old 08-26-2017, 02:12 PM
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Originally Posted by Claim View Post
I fell off a roof and shattered my tibula and fibula bilaterally at the plateau. Doc put in a plate and a screws. Some or many of the screws started working out of the bone. Doc removed them and the plate.

Screws come loose.

Every case is guess is different.
Did you have knee replaced? Total knee arthroplasty?
Old 08-26-2017, 04:33 PM
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So what was the original knee brand, what loosened?

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