What to do if the surgeon fails to recognize risks before performing knee surgery?
Recognizing risk is very crucial before performing knee surgery. Pre-operative assessment of the patient is important to find out co-morbidities in the patient. Though knee surgery is not very complicated, patients can develop complicated symptoms due to other illnesses or diseases. For instance, the recovery time for knee arthroscopy is usually two to six weeks but this will vary from one individual to the other. Patients having diabetes will extra precaution before and after surgery. Also, their recovery time will be more than patients who do not have diabetes. Pre-operative assessment is highly important to recognize potential risks and dangers if the patient could face after knee surgery.
Pre-operative care is an integral part of diagnosis and treatment. However, whether the surgeon was responsible for an injury or the patient was ignorant about his health will require a thorough analysis of the case. This is where an orthopedic expert witness will step into the picture. These expert witnesses will analyze if the doctor was negligent in assessing the health of the patient. You may want to file a lawsuit against your doctor but the lawyer will first discuss the matter with an expert witness to find out if the case is strong enough to be taken to the court. Or else, the defendant may make serious allegations against the patient, and if it gets proved, the plaintiff will be penalized. Considering all the pros and cons of the case, the expert witness will decide if a lawsuit can be filed.
What will happen if a surgeon fails to recognize risks?
The surgeon must evaluate the previous medical condition of the patient before performing knee surgery. Besides this, the doctor should explain the process to the patient. Foreseeing the risk is important to determine injuries and damages that can take place after an operation. If you believe that the surgeon has been negligent in evaluating the risks, you can consult an attorney. The lawyers will prepare the case and will seek expert guidance from orthopedic expert witnesses to determine what went wrong in the process. They have to prove some essential points:
- That the doctor owes a duty of care to the patient under his treatment
- That the doctor failed to owe the duty of care to the patient.
- That there was misconduct on the part of the surgeon while diagnosing or treating the patient.
- The treatment provided by the surgeon was below the standard level of care.
- The doctor was negligent in determining the potential risks and injuries
These are some of the essential things that the attorney will focus upon and will consult the expert witnesses for the same. Making claims is easier but it is difficult to prove the claims. You should consider an expert attorney who is specialized in the matter. These witnesses will prepare a case record depending on the facts and will make a written statement to simplify the complex elements of the case. Without the help of these witnesses, the case will either be dismissed or the decision will be made too early which might not be in favor of the plaintiff.