Medical Malpractice

Personal Details:

Incident Details:

Specific Circumstances:

Michael Hayes underwent knee replacement surgery at St. Mary’s Regional Hospital. During the procedure, the surgeon placed the prosthetic joint improperly, causing severe pain and limited mobility post-surgery. Despite repeated complaints during follow-up visits, the medical team dismissed his concerns as part of the normal recovery process. A second opinion from an orthopedic specialist revealed the improper placement of the joint and the need for revision surgery.

Parties Involved:

1. Michael Hayes (client)
2. Dr. Linda Carter (surgeon).
3. St. Mary’s Regional Hospital.

Hospital Notification:

Michael has filed a formal complaint with the hospital.

The orthopedic specialist provided a written report confirming the malpractice.

Injury Details:

Type of Injury:

Improperly placed prosthetic knee joint causing severe pain and immobility.

Increased risk of long-term joint damage and potential disability.

Medical Treatment:

Initial knee replacement surgery performed on November 20, 2024.

Follow-up consultations with Dr. Carter, where concerns were dismissed.

Second opinion in December 2024 confirmed the improper placement.

Revision surgery is scheduled for February 2025.

Impact on Work:

Michael, a construction manager, has been unable to work due to limited mobility and chronic pain. His inability to supervise projects has resulted in financial losses and job insecurity.

Evidence: Available

Medical Records:

Surgery notes and discharge summary from St. Mary’s Regional Hospital.

Second opinion report documenting the improper joint placement.

Imaging studies (X-rays and MRIs) showing the incorrectly positioned prosthetic.

Expert Testimony:

Orthopedic specialist willing to testify about the standard of care breach.

Documentation of Financial Losses:

Includes lost wages and upcoming revision surgery costs.

Fault Assessment

Party at Fault:

Dr. Linda Carter for improperly performing the surgery and dismissing post-operative concerns.

St. Mary’s Regional Hospital for potential oversight in ensuring surgical standards.

Client at Fault: No evidence suggests Michael contributed to the situation.

Additional Information Needed

1. Hospital policies and procedures related to post-operative care and follow-up.

2. Credentials and prior malpractice claims (if any) for Dr. Carter.

3. Insurance coverage details for both the hospital and Dr. Carter.

4. A timeline of missed diagnoses or inadequate follow-up care documentation.

Incident Timeline

November 20, 2024: :Initial knee replacement surgery performed at St. Mary’s Regional Hospital.

November–December 2024: Follow-up visits with Dr. Carter, where complaints were dismissed.

December 15, 2024: Second opinion confirmed improper placement of the prosthetic joint.

February 2025: Revision surgery scheduled to correct the malpractice.

Type Of Incident

Nature: Medical malpractice – improper surgical procedure and failure to address post-operative complaints.

Next Steps for Review:

1. Investigate: Collect all medical records, imaging, and second opinion documentation

2. Evaluate Liability: Obtain additional expert testimony regarding the deviation from the standard of care

3. Calculate Damages: Compile costs for medical expenses, lost income, and future rehabilitation.

4.Negotiate Settlement: Contact the hospital and surgeon’s insurance provider to negotiate a settlement.

5. Prepare for Litigation: If settlement efforts fail, initiate a medical malpractice lawsuit.

Incident Timeline

Prepared For: Attorney Case Review.

Prepared By: LawyersNearMe.Ai

Client Name: Michael Hayes (+1 (678) 234-9012 )

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