The personal injury attorneys at Lipkin & Apter represented a client who got hurt on the job while setting up a medical bed in a patient's home.

He twisted his left knee, and heard a "pop".

An MRI was done and showed a torn meniscus, the "shock absorber" on the inside and outside of the knee.  He required arthroscopic surgery on his left knee.

The client goes to a surgicenter on the scheduled date and speaks with his doctor and staff to make sure that everyone knows what part of his body is to be operated on.  The surgeon even signs his initials in magic marker on the patient's left leg. The client is then "put under" with a general anesthetic.

When the patient wakes up, he finds out the surgeon somehow operated on the wrong knee.

At his deposition, the surgeon blames the nurses for prepping the wrong leg, so he's not to blame. It’s not his fault; it’s theirs.

Our experience is that no matter how a patient was injured, doctors and hospitals in medical malpractice cases almost never accept responsibility for error. There's always an "explanation" for their mistake.  And another doctor who they can hire- at $500 or $750/hour or more, to testify at trial that however clear-cut the mistake, there's some excuse.  It's not their fault.  

My question is, whose fault is it then, the patient's?

If you have been the victim of medical malpractice, find a lawyer you can trust. The medical malpractice lawyers at Lipkin & Apter are here to represent you.