I tripped down the stairs 9 months ago. Was referred to ortho surgeon - "the best" they said. I had completely tore one tendon and partial tear in a second tendon. Ankle today is WORSE than it was when I went in for surgery. Had two post op appts - at 2nd apt I asked for more pain meds and was told I should not need those anymore. Doc office called about 10 days after that apt and I thought it was to schedule a follow up or set up PT. But no - they just wanted more money. I never heard from his office again - except for bills. Ankle is now very swollen, bruised and I cannot walk without the hard boot. I'm going to see a new ortho this week. If MRI confirms surgery botched do I have claim? Negligance? Malpractice? Surgery was in TX - I now live in Seattle. Where do I file?
I am in CONSTANT pain and taking all the ibuprofen and Tylenol allowed with virtually no relief whatsoever. I also cannot understand how a surgeon can do a fairly major surgery on someone (this was open ankle and I have about a 5 inch scar), see them twice for less than 10 min post op, deny pain meds and never bother to even contact patient to set future appointments or PT - yet his billing department had no problem calling me and sending me bills. I am in a lot of pain, still can hardly walk let alone exercise or do physical acitivities with my two young kids. Am finding ortho in Seattle area because I am concerned there could be infection and/or whatever he did, he did it wrong.
You need to immediately get a second opinion from another surgeon who can tell you what is going on. Depending on what you find out, there may be a claim in TX.
I am sorry to hear you had such an awful experience. You might be a victim of malpractice. You certainly have the makings of a claim -- the surgery apparently failed and you are left with injury damages. But that does not necessarily mean the surgeon committed malpractice. You need to determine what happened, and getting a new consultation from a new surgeon is the right thing to do. Next step, contact a Texas medical malpractice lawyer. Absent some unusual facts, that is probably where your case must be heard. Good luck.
Christian K. Lassen IIPersonal Injury LawyerPhiladelphia, PA ·
I'm sorry to hear about the problems with your ankle. The only way to know is to have a local malpractice lawyer order your medical records and send them to an expert to review to ascertain whether there was a breach of the standard of care.
Something my colleagues have not considered, and something you speak about only superficially, is whether you have a claim against the person or entity that owned the stairs. It is possible that you have a personal injury claim against that person--if for example the stairs were for some reason defective or not code compliant or there was insufficient lighting to safely allow you to use the stairs. Something to consider before abandoning all hope if there turns out not to be a malpractice claim. Good luck.
A doctor does not guarantee results of the surgery. All kinds of complications can occur. I suggest you ask the subsequent treating physician if he thinks the physician breached the standard of care and if so, then seek the advice of a medical malpractice attorney in your state.
