I wanted to see if I have a case - I am not sure if my situation would qualify?
Asked in Crowley, TX on August 3, 2026 Last answered on September 3, 2026I got an ACL surgery in January and wasn't put into PT for 4 weeks (unsure if that was my responsibility.) As a result I had to get another surgery to remove all of the scar tissue, I was in pain and unable to move my leg properly for 6 months, despite physical therapy. When I got the MRI, the new surgeon confirmed the way they performed the surgery was outdated and not compatible for my anatomy. After the surgery, the new surgeon also confirmed that the notes in the original op report did not align with what he could see. I now have to get ANOTHER surgery to fully remove the replacement and get a new ACL. I am incredibly frustrated, still in pain, and 10K out of pocket. Was this malpractice?
1 answer
Free Consultation Texas law requires patient/plaintiffs to have their own medical experts to give opinions on the standard of care, negligence, causation and damages. In your case, it seems that your treating/subsequent surgeon could be that expert for you. Unfortunately, most surgeons do not testify against other surgeons. (The good old boy system is still strong.) However, you may have a strong case, especially if your subsequent surgeon is willing to be your testifying expert for you. Keep in mind, your new surgeon will charge for his/her time for giving the expert testimony. You must weigh the cost of paying the expert fees and court costs versus what you might gain from a lawsuit. Damages are capped in health care liability cases. Your case is worth exploring with the right attorney. However, litigation itself is also frustrating. Therefore, you should consider whether the great costs of litigation are worth it for you personally.
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