So my mother (55 y.o 5'10" 260 lbs) severely broke her ankle last October. (picture in my past posts if you care to see) She went to the E.R, where the surgeon reassembled her ankle and supported it with a titanium plate. After about 2 weeks she was discharged from the hospital and sent home for recovery. 8 weeks of being bed ridden go by before she returns to have the cast removed and also to check the healing progress. The same surgeon who did the initial surgery gives her a good prognosis, sending her home with a medical boot and allowing her to put weight on the foot. (She now weighed ~255 Move forward another 2 or 3 weeks my mother starts experiencing pain and discomfort in her ankle again. Then, after returning to the same surgeon, she learns the plate the surgeon had used has bent, and he must perform the entire operation over.

Now, my mother isn't a confrontational lady in the least bit and doesn't like to make a scene. Devastated, she asked why this had happened. The answer she received is where I started to smell some bullshit. The surgeon claims it was because of her weight, she isn't small, though shes not anywhere near TLC my 500 - 800 lbs life. But here is what smells funny, she weighed 5 lbs more at the time of the accident then she did when she was given the okay to put weight on it.

My question to all legal minds out there is if she has any recourse on the surgeon and/or the manufacturer of the titanium plate. I feel that her weight should have been taken into account at the time of the initial operation. Thus, not making her endure another recovery because of neglect. She had already suffered through the Holidays during the first recovery, and then the spring and her birthday as well for the second time. I know that last little bit isn't too important. I'm hoping to paint a vague picture of what she had to go through.

Thank you so much for you time in reading this, and I would thoroughly appreciate any advice you could give me.

tldr : Mother broke ankle , support bar used in surgery bent, had to redo surgery. Was the doctor negligent in not taking her weight into account.