Hip replacement surgery is frequent among people between the ages of 60 and 80. Patients in their teens and early twenties get hip replacements to relieve pain or increase function.
Hip replacement surgery, also called hip arthroplasty, is an option for individuals whose hip pain interferes with their daily life. After surgery, the new hip should reduce the pain and increase the range of motion. What happens if the pain does not go away or gets worse? Could this be a claim for medical malpractice?
Causes of hip replacement failure
Blame for a bad hip replacement may fall on the surgeon or the product. Common causes of surgical mistakes may include:
- Imperfect fit
- Wrong size implant
- Failure to remove the correct amount of bone
- Failure to secure implants
- Foreign objects left in the patient
There are several ongoing hip replacement lawsuits concerning metal-on-metal implants. These and other types of hip prosthesis problems may comprise:
- Metal poisoning
- Difficulty when standing or walking
- Swelling and inflammation
- Creaking or squeaky noise in the hip joint area
Patients can sue their surgeon and the manufacturer of the hip implant. However, the court places the burden of proof on the patient to prove there was harm and an insufficient standard of care.
Complications are a common outcome of surgeries, including infections and swelling or pain. The medical community looks at these as accepted risks of the procedure. Therefore, the patient may find winning a claim difficult.
New Jersey law requires an affidavit of merit from another doctor in the same field to avoid a frivolous lawsuit. This person must agree with you that the malpractice occurred.