Can I sue my doctor if 4 years ago I had knee surgery but didn’t get the proper medication and was in pain for all these years?

UPDATED: Jul 7, 2013

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Can I sue my doctor if 4 years ago I had knee surgery but didn’t get the proper medication and was in pain for all these years?

Also, I had the second knee replacement 3 years ago because it got infected and the knee was not the right size. Further, the doctor put long rods down my leg and thigh bones and I recently got another infection. They that said since they could not remove the knee without destroying my bones they will clean it which a new doctor at the same hospital but they said they want to put me on antibiotics for life because they said they can’t get rid of my infection. Can I sue for malpractice? What is the best thing to do?

Asked on July 7, 2013 under Malpractice Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Speak with a medical malpractice attorney IMMEDIATELY. Normally, a medical malpractice claim must be brought within one year of the procedure. There are some exceptions if you could not, even with diligence, have discovered the injury until later, but 1) it's not easy to invoke those exceptions--you need experienced legal help; and 2) even those exceptions runs out entirely at 4 years. So since you may have a claim, but must bring it within the requisite time, meet with a malpractice lawyer right away, before any more time passes.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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