Dealing With Hip Replacement and Personal Injury Suits

Total hip replacement (THR) procedures have great success rates, with about 95% or more of patients experiencing relief from hip pain, according to the Hospital for Special Surgery. While patients are expected to have months of recovery and discomfort, this pain should not last.

If your THR is causing you continual pain, then you could have a personal injury case on your hands. There are instances where total hip replacement fails due to negligence, technical error, or implant manufacturing errors. Learn more about filing personal injury suits related to failed hip replacement surgeries.

Why Would You Want to File a Personal Injury Claim?

Patients with failed THR may experience:

• Severe pain in the groin or thigh region, especially when weight is shifted to the THR side
• Leg length discrepancy
• Damaged nerves around the site
• Referred pain or migration of pain to other areas of the body

You have a right to receive compensation for these damages so that you can gain back your health. You can also receive compensation for:

• Mental anguish caused by this experience
• Lost earning capacity or wages
• Unforeseen medical bills caused by the problem

If your THR surgery failed because of a medical professional, you should also file a claim so that the negligence doesn't continue and hurt other patients.

What Kinds of Arguments Can You Make for THR Medical Malpractice?

You'll need to contact a lawyer to discuss your options since you'll need to prove negligence in a personal injury case. Here are four possible claims you could make.

1. That the Doctor Failed to Provide a Proper Diagnosis and Treatment

If your doctor was adamant that you needed a THR without explaining the severity of your condition or explaining the diagnosis, then he or she could be sued for negligence. For instance, if your hip joint could've been helped by cortisone injections, joint supplements, walking aids, or physical therapy that may have led to a better outcome, you may have a viable malpractice claim.

In this instance, you and your lawyer would have to prove that a competent doctor under the same circumstances wouldn't have treated you in the same manner. Expert witness testimonies can help to bolster these types of cases.

2. That the Doctor Failed to Inform You of Known Risks

Besides unreasonable diagnoses, your doctor should have notified you of any potential risks or contraindications. For example, if you have diabetes, use certain medications, or have a high BMI, your doctor should have notified you of potential complications.

You could have pursued alternative treatment, or you should have given your consent to the doctor that you understood an increase in potential complications. Again, if you weren't adequately warned of known risks, then you could sue because the doctor failed in his or her duty of informed consent.

3. That the Doctor Performed a Technical Error

You trusted that your doctor was competent enough to perform the THR surgery. However, intra-operative technical errors happen. According to a Finnish study , a common error made during surgery is the malposition of the acetabular cups. These cups act as the socket for ball-and-socket joint replacements.

If these cups are improperly positioned , you could sue for damages since you may be in pain and experience joint dislocation after surgery.

4. That a Prosthetic Manufacturer Failed to Create a Safe Hip Implant

While you may think your THR failure is due to doctor error, your problems could actually be related to a manufacturing error. For instance, in 2000, there was a recall of Sulzer hip replacements because these products were contaminated with an oil residue during the manufacturing process. This oil residue then made it impossible for the THR prosthetics to bond to the hip bone.

Your lawyer can educate you on product recalls and lawsuits because patients that suffer from these sorts of cases are entitled to settlements.

Contact us at Wegner & Associates for more information on Sulzer Hip Implants or other information on how to proceed with a THR medical malpractice suit.