When we consider liability for a hip replacement injury, the performing surgeon is often ignored as a possible defendant. While manufacturers are held responsible for the injuries sustained from a defective hip implant, orthopedic surgeons can also be held liable. In cases where there is no informed consent, or where the surgeon failed to properly perform the operation. If you have been a victim of this type injury contact our offices for a free case evaluation.
Dangers of Hip Replacement Surgery
Hip surgery is considered a major surgical operation. These operations are performed while the patient is under general anesthesia and under the care, supervision of a qualified orthopedic surgeon. The operation removes the femoral head of the hip by a prosthetic implant. The use of metal on metal hip implants or plastic on metal can depend on the needs of the recipient.
Not all patients should be given the operation. In fact certain recipients are not qualified candidates for the operation. As a result certain parties are given the operation at the direction of their orthopedic surgeon without cause.
Surgeons who conduct such surgeries without doing a proper evaluation of the patients needs will be held liable for medical malpractice. Not all hip injuries require a complete removal. In such cases other non-surgical alternatives are possible.
Surgical Alternatives to Hip Replacement Surgery
Surgical alternatives to treat hip replacement include, athrodesis, osteotomy, synovectomy, athrotomy, arthroscopy. Each of these are applicable when the surgical alternative is not necessary.
Arthrodesis requires the fusion of the proximal femur to the pelvis. This procedure avoids hip joint motion, it does help to reduce to alleviate joint pain and improves the overall joint functionality.
Osteotomy is a procedure where they cut and reset the ball-and-socket hip joint in order to correct the alignment of the joint. The benefits of this procedure allow for relief from hip joint pain, greater functionality, improved motion and better joint stability.
Synovectomy is the surgical removal of the hip joint lining. Doctors will retain enough of the synovium to produce the necessary lubricating material in the joints. While this is a temporary treatment it does help reduce a significant amount of the pain suffered.
Arthrotomy and Arthroscopy both are procedures which are used to remove loose fragments to improve joint movement and reduce pain.
These alternatives are never fully explained to hip implant recipients. As a result many elect to have the procedure conducted without proper.
Filing a Medical Malpractice Claim for Hip Replacement Surgery
In California you have one year from the date of injury to file a medical malpractice case. These cases will require a showing of general negligence. Or that the orthopedic surgeon acted in a manner that was below the industry standard. When filing a medical malpractice lawsuit you have one year from the date of the injury to file suit for your damages. This statutory period must be strictly adhered to. Although there are certain tolling exceptions, it is important that you file your claim in a timely manner.
Medical malpractice claims essentially hold the doctor responsible for not performing the surgery properly. The following is a list of certain medical malpractice acts committed by surgeons during hip replacement surgery.
- Failure to take a proper medical history
- Failure to perform patient exam
- Failure to find or recognize physical findings apparent in medical history
- Failure to order proper tests
- Failure to perform proper consultations
- Failure to recommend non-evasive or different non-surgical approaches
- Failure to antiseptically prepare fixation cement
- Conducting unnecessary surgery
- Failure to treat operative conditions
- Failure to remove foreign bodies
- Failure to monitor patient for prosthetic defects
- Failure to treat infection
- Complete abandonment of patient
If you have suffered injury from a hip implant contact our offices for a free case evaluation. Our attorneys are here to assist you in your recovery and will fight to procure a substantial settlement for your injuries.