Types of Claims For Knee & Hip Replacement Malpractice

Knee and hip replacement surgeries are common procedures designed to alleviate pain and restore mobility in patients suffering from severe joint issues. While many of these surgeries are successful, complications can arise, sometimes due to medical malpractice. 

1. Surgical Errors

Surgical errors are a leading cause of malpractice claims in knee and hip replacement surgeries. These errors can include:

• Wrong Site Surgery (WSS): Operating on the wrong knee or hip, which can lead to unnecessary pain, additional surgeries, and prolonged recovery. This error happens due to a lack of following protocol and healthcare professionals not taking the right steps to ensure the surgery is being done correctly. 
• Improper Implant Placement: Incorrect placement of the prosthetic joint can cause misalignment, resulting in pain, limited mobility, and the need for revision surgery.
• Nerve Damage: Accidental damage to surrounding nerves during surgery can lead to chronic pain, numbness, and mobility issues.
• Improper Surgical Technique: Using outdated or incorrect surgical techniques can increase the risk of complications and poor outcomes in knee and hip replacement surgeries. 
• Leaving Foreign Objects: Any instruments or tools left in the body following a surgery. These objects can be threatening, and most of the time, a further operation is necessary.

Surgical errors can be prevented when a healthcare professional verifies that the correct surgery is performed on the right patient, and ensuring that no errors have been made before surgery starts.

2. Misdiagnosis or Delayed Diagnosis

Claims can arise when a healthcare provider fails to correctly diagnose the need for a knee or hip replacement, leading to unnecessary suffering or complications from a delayed surgery. Misdiagnosis can also involve failing to recognize post-operative complications, such as infections or implant rejection, in a timely manner.

3. Inadequate Preoperative Evaluation

A thorough preoperative evaluation is essential to identify any risks that could complicate surgery. Malpractice claims may arise if a surgeon fails to:

• Assess Medical History: Overlook significant health conditions that increase surgical risks.
• Perform Necessary Tests: Fail to order and review critical tests that could identify potential complications.

4. Postoperative Negligence

Postoperative care is crucial for a successful recovery. Negligence in this phase can lead to serious complications, including:

• Infections: Failing to maintain a sterile environment or adequately monitor for signs of infection can result in severe health issues and additional surgeries. 
• Medical Emergencies: Poor follow-up care can result in unaddressed complications, such as blood clots, improper healing, or implant failure.
• Poor Rehabilitation Guidance: Insufficient rehabilitation support can lead to poor recovery outcomes, prolonging pain and reducing mobility.

5. Defective Devices or Products

In some cases, the malpractice claim may also involve the manufacturer of the prosthetic joint in addition to or rather than the surgeon or medical team. Claims can arise due to:

• Defective Implants: The knee or hip implant is defective, causing premature failure or adverse reactions. Some adverse reactions include allergic reactions, pain, and extensive nerve damage.   
• Inadequate Warnings: The manufacturer fails to provide adequate warnings about potential risks and complications associated with the implant. These warnings must be clear, specific, and in a place where the user of the device can easily find it. Most warnings are often in bright orange, yellow, or red, and it also needs to be understandable. 

6. Informed Consent Issues

Patients must be fully informed about the risks and benefits of knee or hip replacement surgery.

According to the NIH, “informed consent is the process in which a healthcare provider educates a patient about the risks, benefits, and alternatives of a given procedure or intervention.” There’s four components of informed consent that need to be documented including:

1. The nature of the procedure
2. The risks and benefits of the Procedure
3. Reasonable alternatives
4. Risks and benefits of alternatives
5. Assessment of the patient’s understanding of elements 1 through 4

Informed consent is an ethical and legal obligation for healthcare providers in the United States, as it creates trust between the doctor and patient, while also informing the patient regarding which choices are best for them.

Malpractice claims can arise if the surgeon fails to adequately explain the potential risks, complications, and alternatives, leaving the patient unable to make an informed decision about their care. 

Types of Compensation Available For Victims of Knee & Hip Replacement Malpractice

Victims of knee and hip replacement malpractice may be entitled to various forms of compensation, including:

Medical Expenses

Costs of additional surgeries, treatments, and rehabilitation that are required due to malpractice. Some examples of medical expenses include doctor and hospital visits, prescription and over-the-counter drugs, and wheelchairs. 

Lost Wages

Compensation for income lost due to extended recovery periods or inability to return to work. In cases where knee or hip replacement malpractice leads to permanent disability, it includes compensation for the reduced earning capacity if the victim cannot return to their previous job or former place of employment.  

Pain and Suffering

Compensation for physical pain, emotional distress, and reduced quality of life. Physical pain consists of discomfort from the initial medical error, while emotional distress comprises of the psychological impacts of the medical errors, including anxiety, depression, and excessive stress. 

Long-Term Care

These are the costs associated with long-term medical care or assistance due to complications. Some examples of long-term care facilities and services include professional caregivers and nursing homes. Some modification to the victim’s home if necessary include mobility aids, along with the cost of specialized equipment such as wheelchairs, walkers, and other devices. 

Seek Legal Assistance From A Medical Malpractice Lawyer

Navigating a knee or hip replacement malpractice claim can be difficult without the right legal assistance on your side. It is crucial for victims of this type of malpractice to get in touch with a White Plains medical malpractice lawyer from Fiedler Deutsch, LLP. We are a law firm that consists of over 50 years of combined experience handling medical malpractice claims.

We know that these cases are not easy to win, but we have the necessary resources to take on medical malpractice claims in New York. Call or contact us today for a free consultation, as we can help you fight for the compensation that you deserve.