Need legal advice re hospital negligence

Shurwhynot

Hi

I'm just wondering if i would have any legs to stand on if i was to sue a hospital, due to the following story.

In 2003, at the age of 18, i suffered a very bad knee injury in a football match (ruptured anterior cruciate ligament and damaged cartilage). Having been advised to go a certain surgeon in a well known hospital in the southern part of a country, that surgeon then told me that i was the first person he'd had that wanted the ACL reconstruction done for sporting reasons. I was surprised at this, as it is such a common sporting injury, but being 18 years old, i didn't think much.

I had the operation then in January 2004, which was covered by my club insurance. Now the main thing after you get the ACL reconstructed is that you must keep your leg straight, but i only found out this afterwards. The night of my operation, i was left to sleep with my leg loose, and not in a splint like it was supposed to be. This resulted in me waking up in the morning with my leg at about a 70 degree angle and unable to move it without being in terrible pain. Usually after this operation, the person is out of hospital the next day. I was kept in for 5 days due to my leg being so bent and me being in so much pain.

When i eventually got out, i went to my local physio and he told me i was the worst case he had ever seen after an ACL operation, and that the surgeon was a reputed "butcher" in his words. It took about 3 months of physio and various exercises before i eventually had my leg reasonably straight. To this day it hasn't straightened out properly. Needless to say i wasn't able to play competitive football after that, but 2 years ago i went back playing 6 a side soccer. I felt comfortable with the leg, even if it did make a horrible crunching sound when straightened fully. Then about 18 months ago i strained my lateral ligament, which was just as painful but easier to fix with a few physio sessions. It was all as a result of the original state my knee was left in after the original operation. I played soccer about 3 times after that and every time i strained my ligament so basically i had to give up.

I don't know why i left it so long, but what i want to know is it too late to take action, and if it isn't, would i have a case or would i be wasting my time?

Sorry for the length of the post but i'm just hoping someone will read it!

Victor

It may be difficult to sure as the statute of limitations for personal injuries is 2 years (AFAIK from the time you became aware of the injury, that is the damage done by the surgeon. So its down to when those two years start - you really need to talk to a solicitor.

I may however be possible to make a professional complaint against the doctor through the IMO.

Tom Young

We don't give legal advice here. Solicitors do, contact one and do so quickly.