Knee Surgery Implant Malpractice Lawyer

Also known as knee arthroplasty, knee replacement surgery involves using a synthetic device to replace a damaged knee or broken components in your knee joint. This should eliminate the symptoms of wear and tear on the surface of the knee, like chronic pain and limited range of motion.

Most cases of knee replacement surgery are performed on patients with arthritis in the joints. Arthritic joints cause chronic inflammation, along with pain, swelling, and stiffness. People also get knee replacement surgery after a serious injury caused by accidents, like slip and falls and collisions with cars, trucks, and other motor vehicles

Due to the high rate of knee surgeries among people between the ages of 45 and 64, knee replacement and other surgical procedures for the knee has become a multi-billion dollar industry. Sadly, there are many victims of botched knee replacements that make the pain and other symptoms even worse for the patient. According to Healthline, around 4% of patients need to have surgery to correct problems caused by a knee replacement within 18 months.

Did you have a knee replacement surgery that has caused you constant and pain and suffering, instead of relief? If the answer is yes, please take a moment to contact our office and talk to a California medical malpractice attorney.

When a knee replacement procedure goes wrong, there may be two parties at fault: the operating surgeon that replaced the knee joint and the company that manufactured the knee implant.

In the first scenario, the surgeon may use defective metal or plastic parts. Essentially, these parts are low quality, so they may be enough to support the elderly for standing, walking, and other basis movements. But most of the people that undergo knee replacements want to return to an active lifestyle or resume work duties that are physically demanding. Doctors know this about their patients, so it’s essential that they use high qualify parts to make up the knee joint.

An orthopedic surgeon can also botch a knee replacement surgery if the parts do not fit properly with each other. This is a common cause of loosening, which can cause infections, pain, and other complications. If there is an infection in the knee after surgery, the knee will have to be drained of the infection and checked to see if the implant needs to be repaired or removed altogether. For the patient, this only adds to the amount of pain, limited mobility, time off from work, i.e., a much longer and painful recovery.

Such problems can form the basis of a lawsuit against the surgeon, the knee implant manufacturer, and the medical facility where the surgery was performed.

In order to successfully file a medical malpractice claim, there are specific criteria you will need to prove. Here are the elements that must be established if you are seeking compensation for a poorly performed knee replacement or defective knee implant:

• There was a violation of professional medical standards, meaning that the surgeon did not meet the standard of care that would be expected by a medical professional under the same circumstances. In essence, a doctor with the same training and experience would not have made the same decision / error.
• The doctor’s negligence or misconduct caused bodily harm to the patient, meaning there is a physical injury or health condition that was diagnosed by accepted medical procedures.
• The injury sustained by the patient caused financial damage, such as medical expenses and lost wages from inability to work. The patient may also have a permanent disability that required lifetime care and financial support.

Under California law, a malpractice lawsuit against a healthcare provider must be filed within:

• 3 years from the date of injury / act of negligence
• 1 year from the point of discovering an injury caused by medical malpractice

The laws also require you to notify the doctor of your intention to sue, which must be served in writing at least 90 days prior to the filing of a medical malpractice claim. Our lawyers can take care of this for you, along with anything else that’s needed for a knee replacement medical malpractice lawsuit.

Medical implant lawsuits are incredibly complex legal endeavors, but you are not alone in the fight for justice. The medical malpractice lawyers of DTLA are ready to help, so contact us 24/7 to receive a free consultation.

We provide a Zero Fee Guarantee in the event you are interested in suing for a poorly performed knee replacement. Under this policy, legal fees are collected only if you receive compensation from a successful lawsuit. So, you pay $0 out of pocket, and you won’t be billed for legal services if we fail to obtain your settlement.

Please give us a call to learn more about the ways we can help you. Our legal team looks forward to meeting you and being a part of your journey to recovery.

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