Can I File A Personal Injury Lawsuit After A Failed Hip Replacement?
When you can’t walk or move comfortably due to a hip injury, you might feel as if you are missing out on many things. Because of this feeling, you might decide to try hip replacement surgery. Such surgery can help you move or walk comfortably. In fact, hip replacement surgery is believed to be one of the safest and most fruitful surgeries in orthopedics. Unfortunately, not all hip replacement surgeries improve the quality of people’s lives. A failed hip replacement can make your life worse. You could end up undergoing corrective surgery and spending a substantial amount of money. You could also end up in a lot of pain if you fall victim to a failed hip replacement surgery.
Over the years, people have had issues with metal-on-metal (MoM) hip replacement devices. According to the FDA, all artificial hip implants come with risks, but the metal-on-metal replacement devices come with more risks. For example, metal-on-metal hip replacement devices can shed metal in people’s bodies. Because of this risk and others involved, metal-on-metal hip replacement devices are no longer used for total hip replacement in America.
Nonetheless, even though metal-on-metal hip replacement devices are no longer used, people still find themselves falling victim to failed hip replacement surgeries. If you believe you had a failed hip replacement surgery, you might be wondering whether you can sue your doctor or the manufacturer of the hip replacement device. Whether you can file a lawsuit against your doctor or a manufacturer depends on whether you can prove negligence on the side of your doctor or the manufacturer. So, if you experienced severe complications after your surgery because of your doctor’s or a manufacturer’s negligence and had to undergo corrective surgery, you might be eligible for compensation.
Symptoms of a Failed Hip Replacement Surgery
After hip replacement surgery, a patient needs to look out for symptoms to identify a failed surgery on time. Symptoms of a failed hip replacement surgery include;
- Swelling near or at the hip joint
- Noise from the hip joint
- Unbearable pain and discomfort
If you had a hip replacement surgery and are experiencing any of the above-listed symptoms, consult a doctor to determine if something is wrong.
Financial Implications of a Failed Hip Replacement Surgery
First, as a patient, when you go to get a hip replacement surgery, you go prepared to pay a one-time fee that will enable you to lead a comfortable life. No matter your surgery cost, you need to be prepared, knowing the amount of money you need to part with. When the surgery fails, you will most likely need more money to undergo corrective surgery. Most people are never financially prepared for the corrective surgery/surgeries needed after a failed hip replacement surgery. Additional medical, treatment, or rehabilitation bills can be overwhelming.
Second, considering the pain and suffering a failed hip replacement surgery causes, it is common for people to stop going to work after a failed surgery. Time off work often results in lost wages. A lost income can adversely affect you financially. A combination of lost wages and the expenses associated with corrective surgeries can leave you in a financial mess. Sometimes, people end up incurring debts because savings are not always enough. Because of these financial implications, you must work with a qualified personal injury attorney if you believe medical malpractice or a faulty product was the cause of your failed hip replacement surgery.
Non-Economic Costs of a Failed Hip Replacement Surgery
One of the most common non-economic costs of failed hip replacement surgery is pain and suffering. Proving this non-economic damage and others will require you to work closely with your personal injury attorney because proving such damages on your own can be challenging. You need an attorney to help you analyze your medical reports and identify witnesses that can help you prove your non-economic damages.
Who Do You Hold Liable After a Failed Hip Replacement Surgery?
You can hold your doctor liable for your failed hip replacement surgery if you can prove medical malpractice/negligence. Your hip replacement device manufacturer can also be held responsible if the device is found to be faulty.
To prove medical malpractice on the side of your doctor, you must prove that they negligently did or failed to do something that put you in harm’s way. Doctors owe their patients a duty of care, and a breach of that duty is punishable by law, most especially if injuries and damages are suffered.
Contact a Florida Personal Injury Attorney Today
To find out if you have a case after a failed hip replacement surgery, contact the qualified Naples personal injury attorneys at The Law Offices of Marc L. Shapiro, P.A., today at 239-649-8050. Reach out today to schedule a consultation.