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Howabusa

My wife’s knee replacement

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If you’re thinking of going the lawyer route, keep in mind that Ohio has a relatively short statute of limitations for bringing medical malpractice actions.  You only have 1 year after the date  you discover the injury OR one year after the date of the last treatment by the negligent physician 

Given the length of time since the surgery, your SOL probably will be 1 year from date of discovery.  Your lawyer will be able to figure it out but don’t wait 11 months and 15 days to go see a lawyer.

You should document everything well. 

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12 hours ago, mello dude said:

Lawsuit on the first surgeon? That sorta like not tightening lug nuts on a wheel.... 

I had a lawyer tell me that unless it was life threatening, not much chance of winning a lawsuit.

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2 hours ago, snot said:

Oh, and ask the hospital for the transcripts from the original surgery. It will tell you everything they did and didn't do. 

Already did that. That’s how we know that he didn’t cement the joint.

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1 hour ago, MSerfozo said:

Ouch, that sucks!  Coming to Columbus for that is definitely the right way to go.

Who is her new surgeon?

Doctor Kovak. Seems like the way to go. He does a lot of knee revisions and works on a lot of professional athletes.

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Don't know Kovac but I'll bet he gets the cement in this time.  My wife has had both knees done by an Orthopedic One doc (McShane) at Riverside.  Hope your wife's recovery goes as well as mine's did.

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5 hours ago, Howabusa said:

I had a lawyer tell me that unless it was life threatening, not much chance of winning a lawsuit.

You need to talk to a different lawyer.  Forgetting to cement the knee is different than opting between two different courses of treatment.  Cementing the knee is a necessary step in any procedure.   Your new surgeon can verify that.  The expense and pain and suffering resulting from the second surgery was completely unnecessary but for the first surgeon’s negligence.  His insurance carrier will settle long before you need to sue them. Just don’t wait until the last minute.  Oh, you probably should also file a complaint with the medical licensing board people.  


In any event, it’s your business.   Hope her second procedure goes well.  

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2 hours ago, Wahoo said:

You need to talk to a different lawyer.  Forgetting to cement the knee is different than opting between two different courses of treatment.  Cementing the knee is a necessary step in any procedure.   Your new surgeon can verify that.  The expense and pain and suffering resulting from the second surgery was completely unnecessary but for the first surgeon’s negligence.  His insurance carrier will settle long before you need to sue them. Just don’t wait until the last minute.  Oh, you probably should also file a complaint with the medical licensing board people.  


In any event, it’s your business.   Hope her second procedure goes well.  

Actually cementing the knee isn’t always done. 

Edited by Howabusa

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Really? Wow, I would have thought it was.

I will pray for a speedy recovery for her.

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2 hours ago, snot said:

Really? Wow, I would have thought it was.

I will pray for a speedy recovery for her.

Actually some surgeons do and some don’t. With a man it is usually ok. With a woman not so much. Thank you, Jen.

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So, it’s 2weeks today from her knee revision surgery. She is doing so much better than her first knee surgery. Hopefully she will pain free and back to normal in a few more weeks.

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Seems like knee replacement is extremely hit or miss. I've talked to people who had no problems and their new knee is great and talked to others who've had lots of problems and pain and the new knee is worse than the old one. Not sure but maybe depends a lot on the surgeon. Hope she's doing much better.

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On 12/3/2020 at 8:39 PM, PoopyBritches76 said:

Seems like knee replacement is extremely hit or miss. I've talked to people who had no problems and their new knee is great and talked to others who've had lots of problems and pain and the new knee is worse than the old one. Not sure but maybe depends a lot on the surgeon. Hope she's doing much better.

That seems to be the case. Fortunately she is doing really well.

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The wife is doing really well with this last surgery. 3 weeks tomorrow since her surgery and she is walking well with a cane!

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That’s great. Glad it’s working out better this time around. 

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The wife had a folllow up appointment today. She is still doing great. Her and the doctor had a discussion about the surgery. He said that her knee was one of the worst that he had ever seen. There were pieces of bone left in the knee that should have not been there! He said that he didn’t know how she was walking! Looks like we will be finding a malpractice lawyer!

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28 minutes ago, Howabusa said:

The wife had a folllow up appointment today. She is still doing great. Her and the doctor had a discussion about the surgery. He said that her knee was one of the worst that he had ever seen. There were pieces of bone left in the knee that should have not been there! He said that he didn’t know how she was walking! Looks like we will be finding a malpractice lawyer!

Very good news for the missus. Glad to hear this, Kent. 

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As I said before, don’t delay on getting an attorney.   Good luck.  

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On 1/13/2021 at 1:50 AM, Wahoo said:

As I said before, don’t delay on getting an attorney.   Good luck.  

The wife talked to Elk & Elk. They said that with the way Ohio law is and that her knee was able to be fixed, that we have no case. So, her being in constant pain for 2 years due to the first surgeon’s incompetence doesn’t matter? Fucking crazy!

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