Can I sue?

[Hellz Shellz]

Okay so here's my question, open for debate.

My mom had double knee replacement surgery, if anyone knows anyone who has had it, you know how bad it sucks. The Doctor, put the wrong size part(no idea what it's called) in her knee's. Finally, 6 months after she had the surgery, only taking 60% pay, and 6 months of pain and trouble walking and moving, the Doctor tells her that he put the wrong size in her knee's.
This requiring another surgery, recovery, paycut, and pain.

Does she have a lawsuit?

 

[Thug_Life]

I'm pretty sure you can do something about this. Try your luck.

 

[Just Another Botter]

Malpractice lawsuit, I believe.
Sorry to hear about the situation your family has been put in, but people sue for much less than that, I think you have a very good case.

 

[Foxichu]

Go for it. At the very LEAST you will get her bills paid for free. You have a very strong case.

 

[Sillymonkey]

They might try to hang you up by saying that she consented for the procedure - if they do, counter this by saying she consented when informed risks of the procedure, and putting the wrong thing in her knee was not on that list of risks.

You may have a good argument, but don't hope for much. After lawyer's fees she most likely won't get a whole lot, but something is better than nothing. If you get an offer that seems alright, take it rather than going for more.

My dad went through something similar to this, except it was work related. I think he ended up getting $20k after lawyer fees, which isn't worth all the work he missed from his injury. BUT, the only reason he got that much is because he was injured due to work negligence.

Good luck, I'd be interested to hear more about this when things develop.

 

[Falmar]

Ow bro my grandma had the same problem ..
But she tried and it was worth it

 

[kill dank]

Call the people that advertise on TV. I don't see why you shouldn't be compensated.

 

[Sillymonkey]

Call the people that advertise on TV. I don't see why you shouldn't be compensated.

The people that advertise on TV, and the people that go around in hospitals to get clients, are the ones that charge the most.

 

[Delta Squad]

Yes, unles you signed a waiver.

My older brother had his hip replaced, it was 6 hours of surgey, turns out it don't fit right, so he had to do 12 hours of surgey, the doctor was smart enough to do it Back to back becuase he knew he F'ed up.

 

[Sillymonkey]

Yes, unles you signed a waiver.

Like I said, the waiver that you sign before any surgery shouldn't matter in this circumstance.

When you sign something before surgery, you are explained all of the RISKS and COMPLICATIONS that can happen during a surgery and you are consenting to go ahead with it anyways.

I guarantee you that nowhere on what his mum signed does it say that one of the risks is them putting the wrong thing in and her having to have another operation MONTHS AFTER the initial operation.

 

[Delta Squad]

Like I said, the waiver that you sign before any surgery shouldn't matter in this circumstance.

When you sign something before surgery, you are explained all of the RISKS and COMPLICATIONS that can happen during a surgery and you are consenting to go ahead with it anyways.

I guarantee you that nowhere on what his mum signed does it say that one of the risks is them putting the wrong thing in and her having to have another operation MONTHS AFTER the initial operation.

maybe so BUT you don't know whats in that waiver.

For all you know it could have a section that says " You Agree to not sue us over anything that may go wrong"

Southpark episode about the ipad thing may be farfetched but it has some valid points.

 

[ScammersAreDumb]

Yes, you most definitely have a case.

It doesn't matter what waiver the woman may have or have not signed. Using most of the people's logic in here it would be okay for a doctor to murder the patient, as long as the patient consented to having the surgery and that he or she might die. That is not the case at all.

She agreed to predefined risks, and even if there is an "include everything else" clause in it, try getting a judge to actually hold that up in court, because they most likely won't.

As to everyone saying after the court costs are taken out there won't be much left, you could easily include that in the suit as well, so there wouldn't be any expenses you would actually have to pay.

 

[Sillymonkey]

Yes, you most definitely have a case.

It doesn't matter what waiver the woman may have or have not signed. Using most of the people's logic in here it would be okay for a doctor to murder the patient, as long as the patient consented to having the surgery and that he or she might die. That is not the case at all.

She agreed to predefined risks, and even if there is an "include everything else" clause in it, try getting a judge to actually hold that up in court, because they most likely won't.

As to everyone saying after the court costs are taken out there won't be much left, you could easily include that in the suit as well, so there wouldn't be any expenses you would actually have to pay.

Certain kinds of damages will only be paid if you can show evidence of different kinds of hardships as a result of the whole thing. Even then, the amount of the payout is dependent on how extensive those hardships are.

For instance, if she has become injured by the whole ordeal, she might have to show that a certain % of her body is affected by said injury.

The same might be asked if there are financial hardships.

Just because you file a lawsuit for X amount doesn't mean you will get it lol. And depending on the attornies working for you, they might take something ridiculous like 60% of your winnings.

 

[Flight]

Honestly, you're better off getting reimbursed for what you paid and the rest of the surgery paid for along with an agreement between the doctor and your mom's work and having the doctor foot part of her paycheck.

I wouldn't go and start suing. The doctor realized what he did wrong and had the courage to tell you.

If he did that, I'm pretty sure he would settle it outside of court.

Plus, suing doesn't automatically get you X amount of money.

The court could find some reason not to give you any money because of such and such.

 

[ClazzD]

go find a malpractice lawyer
i just read a book about this stuff
but you shouldn't do it for money

 

[Kodak]

Contact a lawyer I suppose however, lawyers are always ready for a lawsuit and it might be better to not take it to trail. Good luck eitherway.