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Kasare, Solicitor
Category: Law
Satisfied Customers: 1301
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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An orthopedic surgeon told me he was going to do orthoscopic

Customer Question

An orthopedic surgeon told me he was going to do orthoscopic surgery on my knee. He said 2-3 days down time. It took a few years before I decided to do it. I didn't want surgery but my knee was getting worse. Finally I decided I needed to do it. I went in to have the orthoscopic procedure. When I woke up after being under anesthesia I had 2 small holes from where he started the ortho. & 1 large incision. I asked the doctor what happened. He said he started the ortho. procedure but found he had to do more then he initially thought so he rebuilt my knee. He said it would now be 3 months down time. This happened almost 3 years ago. I was not happy. The part that bothers me is it has been almost 3 years. My knee doesn't pop out anymore but the pain is alot more consistent. Alot more then before surgery. My question is whether or not he had the right to do a different procedure after telling me it was only gonna be ortho. He decided to do a different procedure while I was under anesthesia without my consent 1st. I don't think I would have agreed 2 let him rebuild my knee, especially considering it took so long for me to even decide on orthoscopic.
Submitted: 4 years ago.
Category: Law
Expert:  Kasare replied 4 years ago.
Hi thank you for providing the information.

You say your question is whether he had the right to do a different procedure, but is this in order to consider whether to pursue a claim for negligence?

Do you have any of the information given or recall what was said prior to the operation? A copy of the consent form? Usually, the consultant will tell you what could happen if the damage was worse - did he/she?

Also, please confirm the exact date of the operation,if possible.
Customer: replied 4 years ago.
I don't know if I can pursue any action. Nobody told me anything. All I was told was that I was going to get an orthoscopic surgery. I woke up with major surgery. The doctor was pretty sure of himself when he told me I was just gonna have orthoscopic surgery. * Will I only be charged once? I don't wanna get charged more then the 1 price for asking this question & don't wanna be charged again.
Expert:  Kasare replied 4 years ago.
Hi, thanks for coming back to me, you won't be charged until you click accept or rate once I have provided you an answer. I have only asked for info at present.

I am afraid without more details regarding what you are wishing to achieve I cannot really assist you. The reason being, the only real resolution for a non satisfied patient is financial compensation. whilst you could complain to the dr/hospital it is unlikely this will be sufficient given the ongoing pain you are suffering.

If you were not informed of the potential for major surgery in the event the doctor found more issues when he commenced the procedure then it is possible you could have a claim for negligence. However, there is a strict time limit of 3 years to commence legal proceedings from the date of the cause of action.

The difficulty you may have in doing this is there is little time for a solicitor to obtain and review your medical records to consider if there is a claim. They would specifically need to check the doctors notes and consent form.

If there is anything else I can assist you with please do not hesitate to ask.