Hip Replacement and Medical Malpractice
A hip replacement can malfunction because it was defective, but it also can fail because a doctor was negligent. The defective products lawyers at Anidjar & Levine have handled many complex claims related to medical malpractice in the Fort Lauderdale area. If your device failed, we can determine whether your health care provider, a manufacturer, or both may be accountable for your injuries.Medical Errors during Hip Replacement Surgery
An orthopedic surgeon may recommend hip replacement surgery if you have a diseased or worn out joint. The doctor will select a device that is appropriate for you based on a number of factors, including your overall health, age, and lifestyle. During the procedure, he or she will replace the ball-and-socket joint with a prosthetic replacement made of ceramic, plastic, or metal parts.
While surgeons are trained medical professionals, they can make mistakes. Some of the errors that can occur during hip replacement surgery include:
- Poor technique – The surgeon may not have properly fit the device to your bone.
- Wrong size – The surgeon may have selected an implant that is either too large or too small for your anatomy, which can cause discomfort and mobility issues.
- Use of a defective device – The device itself may have inherent manufacturing or design defects.
A patient can experience pain, swelling, and possibly more serious harm when a mistake occurs during surgery. These types of errors usually require additional procedures to replace the device and extensive physical therapy to restore mobility.Hold a Negligent Doctor or Health Care Provider Accountable
If your hip replacement surgery failed, you may have a claim for medical malpractice against the surgeon or other health care provider who treated you. You would need to show that the defendant in your case was negligent. This type of claim requires that a victim demonstrate that the doctor breached the duty of care, which caused you damages. In ordinary negligence cases, it is essential to prove that the defendant had a duty to act with the care that a reasonably careful person would exercise to prevent injuries to others. This standard of care, however, is different when a health care provider is accused of acting carelessly.
To succeed in a claim for medical malpractice, you must prove that the health care provider failed to exercise the degree of care that a same or similar professional would consider reasonable under the circumstances. Expert testimony will determine what the standard of care is in your case and whether the evaluation, diagnosis or treatment fell below the standard of care. Once you establish the duty and breach, you must show a proximate connection between the breach and your injuries. Since all procedures carry certain risks, an attorney with experience handling medical malpractice in hip replacement cases can assess whether you have a viable claim against your health care provider.
A doctor or hospital may argue that your injuries were caused by a defect in the device, and not by medical negligence. If the hip replacement was defective, you may have a product liability claim against its manufacturer. However, your medical provider’s additional negligence could still have contributed to your injuries. You may be able to seek damages from both parties, but you would have to prove each defendant’s liability.
If the hip device was defective or the healthcare provider performed the hip surgery without using reasonable care, you have the right to recover compensation for the damages you suffered as a result of a hip replacement failure. If your claim is successful, you may receive compensation for any surgeries, physical therapy, and other necessary medical care. You can also recover damages for lost income, pain, suffering and the lost ability to enjoy your life.
You must file your Florida medical malpractice claim within two years from when you discovered the injury, unless it could not have reasonably been discovered within that time. In any case, you cannot bring a lawsuit more than four years from when the harm actually occurred, unless the malpractice was not discoverable due to the healthcare provider’s fraud.Hollywood Lawyers Skilled in Medical Malpractice Claims
The dedicated medical malpractice attorneys at Anidjar & Levine can tenaciously assert your rights in Hollywood or the surrounding communities if you have been the victim of negligence by a health care provider. We are also well-versed in the area of product liability. Our lawyers can review your medical records and consult with experts to determine what legal action you may be able to take. Call our office today at (800) 747-FREE or complete our online form for a confidential consultation at no cost.