Whenever you enter the operating room, there is an element of risk involved with the surgery. That’s why patients usually must sign consent forms before many surgeries. You’re trusting a surgeon to use accumulated knowledge and experience to fix what needs fixing.
It’s the same with knee replacement surgery. When a patient comes in for a routine knee replacement surgery, they expect to walk out of the hospital feeling great, with a replacement knee that will work for 15 to 20 years, which the National Institutes of Health (NIH) considers the typical lifespan. Unfortunately, knee replacement surgeries can produce complications.
These complications may result from a poorly performed surgery, a misdiagnosis, or a faulty knee implant. One significant problem that arises with a messed-up knee replacement is loosening, where the pieces themselves become loose, producing a painful infection. Loosening could also affect a patient’s ability to walk, resulting in a slip and fall accident. Any of these issues surrounding knee replacements might require additional surgeries.
If you’ve suffered pain and injury due to a poorly performed knee replacement surgery, you might have the legal right to sue for medical malpractice. You can contact a Los Angeles knee replacements lawyer to see if you could seek financial compensation for medical expenses, lost wages, and any pain and suffering you might have endured. Call Pintas & Mullins Law Firm today at (800) 970-4884 for a free case review with a team member.
Knee Replacement Surgeries
The Mayo Clinic explains how knee replacement surgeries, also known as knee arthroplasty, involve using synthetic implants to replace damaged, broken knee joint components. Generally, the knee becomes damaged from osteoarthritis.
Knee replacement surgery seeks to eliminate the effects of wear and tear on the knee surface. Successful surgery helps those with faulty knees eliminate the chronic pain associated with bad knees and provide greater mobility.
In most cases, arthritis in the knees causes damage to the joint. People with this condition suffer from inflammation of the joints, stiffness in the joints, pain, and swelling.
According to the Women’s Health Research Institute, knee surgery among baby boomers has become a multi-billion-dollar industry and a common procedure for those between ages 45 and 64, with even higher rates among female boomers.
However, judging by the faulty procedures and number of revision surgeries needed, there is nothing typical about the pain that ensues from a botched medical procedure. Healthline studied Medicare data and found that nearly four percent of patients require revision surgery within 18 months of a knee replacement.
Maybe you had a knee replacement surgery that has resulted in nothing but pain and suffering. In this case, you might want to contact a Los Angeles knee replacements lawyer to see if you could recover financial compensation for your medical expenses, lost income, and any pain and suffering you have endured.
California Statutes That Affect Your Claim
CCP § 340.5 sets a specific statute of limitations for filing a medical malpractice lawsuit. The law states that you must file a malpractice case either 12 months after discovering the injury or within 36 months from the date the injury occurred.
Also, CCP § 364 spells out how must initiate a medical malpractice claim, including a requirement of servicing notice on the doctor or hospital at least 90 days before filing suit. A medical malpractice lawyer understands the ins and outs of handling these suits. Call Pintas & Mullins Law Firm today to learn how we can help you fulfill all the requisites of a malpractice claim.
For a free legal consultation with a Knee Replacements Lawyer serving Los Angeles, call (800) 970-4884
The Risks of Knee Replacements
When a person’s knee replacement surgery goes wrong, the fault could lie in one of two areas—either a failure of the technology used in the knee replacement or the operating surgeon placing the new knee joint.
In the first case, the surgeon might implant defective plastic or metal parts that make up the knee joint. When knee replacement parts first came on the market, manufacturers intended them to support an older adult with simple tasks like standing and walking. Today’s active seniors want super knee replacements so they can return to playing tennis, hiking, and other high-impact activities. Unfortunately, they might receive older knee replacement parts unintended for such active lifestyles.
In the latter case, if the orthopedic surgeon makes an improper fit or botches the operation, it can result in significant pain due to loosening, infections, or other complications.
If an infection arises in a patient’s knee after replacement surgery, the doctor will have to re-cut the original incision. They will then need to clean and drain the infected portion of the knee, and they will have to check the implant and either fix or remove it. All this surgical activity and post-operative time will likely cause patients to suffer more pain, have less mobility, and spend more time off their feet.
If the original surgery went wrong and requires revision surgery to fix, it could cause a lot of problems for the patient. These issues could become grounds for suing the orthopedic surgeon, the hospital where they performed the surgery, and the implant manufacturer.
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Suing for Medical Malpractice
To bring a successful medical malpractice lawsuit forward, patients in a knee replacement surgery must prove certain criteria to recover compensation for the personal injury caused:
- Was there a violation of medical professional standards? You must show that the orthopedic surgeon failed to meet the standard of care expected of them and prove that they acted in a manner that an equally trained doctor would not have done.
- Did the negligence cause personal injury to the patient? You must show that you suffered actual physical harm because of the doctor’s negligent acts.
- Did significant financial damage result from negligence and personal injury? You must prove that the harm caused substantial medical costs, lost income, possible disability, loss of consortium, and pain and suffering.
When you prove these factors in a medical malpractice case, you can then recover an award for the injuries you suffered, including up to $250,000 in noneconomic damages per CIV § 3333.2.
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Pintas & Mullins Law Firm Can Help
If you have suffered due to a knee replacement injury gone awry and need legal support, call Pintas & Mullins Law Firm at (800) 970-4884 to receive a free case review from a team member. They can explain how a Los Angeles knee replacements lawyer could help you pursue the justice and compensation you deserve.