Surgical negligence in hip replacement has caused permenent disability. Can I file a lawsuit for damages?

In October 2008, upon the advice of a local orthopedic surgeon I had a total hip replacement done.  Approximately a year and a half later, I began having difficulties with it, but had been told upon my release from the surgeon that this was to be expected as damage to surrounding tissues could not be repaired as could the hip joint.

In the fall I was unable to walk without the use of two canes, and was experiencing significant pain and made an appointment to see the operating surgeon.  However, shortly before the appointment the pain became so unbearable I went to the emergency room where radiographs were taken, which showed that the implant was correctly in place.  The following day I saw the operating surgeon. Who looked at the radiograph and said he saw nothing in the radiograph that should be responsible for my pain.  No possible reasons for my situation were offered. 

A week later, a letter from the operating room radiologist reported a subtle cortical break in the acetabulum (of the pelvis).  I contacted the surgeons office and questioned this and was told that since it was already healing there was no concern.

I went home and for the next 3 months began seeing a chiropractor, a massage therapist, and began increasing the amount of rehabilitation exercises I was doing in an effort to hopefully improve the situation. I was unable to walk without the canes and the level of pain was significant, which did not improve despite my efforts.

Finally, in late March, I sought an appointment with another well respected orthopedic surgeon.  Pre-appointment radiographs showed extensive damage to the hip socket, which has broken free from the pelvis.  A condition known as metallosis has caused extensive bone loss in the pelvis, which was now fractured in several places.  The implant socket was resting a distance away from the hip ball, with no place to re-implant it due to the bone loss.

The consulting surgeon was very frank:  This was considered a catastrophic failure with significant bone loss.  He felt the implanted hip joint had begun to fail within the first year of use.

Upon reviewing the radiographs taken in the emergency room in December, he commented that we usually like to insert these implants at an angle of 50 to 55 degrees; yours was put in at 60 degrees.  He also commented later in the consultation that he had reworked several of this doctors hip surgeries.

Complicating the situation is the fact that the metal filings which produced the metallosis and subsequent bone loss are also known carcinogens, and the future of that situation is, at this point, unknown.

To try to correct my current situation is going to, in his opinion, require a most unusual and significant surgery.  Bone marrow will have to be grafted onto the pelvis.  A custom made metal framework will have to be installed to hold the pelvis together so a hip socket can be attached.  The risk of complications is notable, and the success was not favorably discussed.  The likelihood of my walking again was not specifically discussed.

At this point, I have been unable to work in my chosen field since a year following the surgery.  My insurance is apparently woefully inadequate to cover the level of expense of this sort of surgery.

The consulting surgeons office has suggested very strongly that I should retain legal counsel for help with this situation.  In their opinion the orthopedic implant should not have failed so soon, and although they did not specifically state it, I interpreted that perhaps the method of placing it by the operating surgeon could have contributed to its early failure.

At this point, I am trying to function without a hip joint, on crutches, and I live alone on a farm, trying to care for livestock.  The consulting surgeons office is trying to help me, but to date my insurance companies lack of help, etc, has meant that no schedule for the surgery is in sight.  I have applied for funding assistance from the hospital, and at age 57 am too young for Social Security.  Because of my self-employment I am told that I am not eligible for Disability income.  I have worked hard all of my life, and have always paid my bills.  However, my savings/retirement account  is nearly gone and I am searching for a way to deal with this situation which I feel is the result of a series of errors in judgment.

Is there any way to file a claim for medical malpractice so that I can recoup all the lost income and inability to earn?

Answers

Depending on the ciscumstances of the initial surgery, there may or may not be a good case for negligence and medical malpractice. It sounds like the first surgeon may have a history of poor procedures which may lead one to believe you hip replacement surgery was not done up to the accepted medical standard of care.

If this is the case, then you can file a claim for medical malpractice in that the surgeons performance was negligent and has caused you permanent injury and loss of income and future earning ability.

Ultimately, you will need to talk to a medical malpractice attorney to find out if yours is a good case. He or she will be able to have a neutral third party medical doctor investigate your claim and determine if the surgeons performance was "outside" the standard of care.

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