In a failed knee replacement, the hospital may only be held liable for medical malpractice if patients and their legal counsel can prove certain elements exist. Normally, though not entirely always the case, the most liable party in a failed knee replacement will be the surgeon performing the procedure. However, the hospital where a given procedure occurs may be held liable in certain cases. The following article outlines potential avenues of proving hospital liability for a failed knee replacement.
Establish the Relationship between the Surgeon and Hospital
In medical malpractice cases, a hospital can only be held liable for the negligence of a surgeon if the surgeon is construed as an employee of the hospital. In most cases, surgeons utilize hospital facilities on an independent contractor type level, with mitigates the liability of the hospital, should a procedure go wrong, such as knee replacement. Assuming a given surgeon was negligent and that this negligence caused the failure of the knee replacement, a hospital may be held liable in the following circumstances:
- If the surgeon is a direct employee of the hospital, the hospital may be held liable
- If the surgeon or other negligent party can be construed legally as a employee of the hospital, the hospital can be held liable. For example, even though the relationship between the surgeon and the hospital is outlined as an independent contractor relationship in theory, if in practice the hospital dictates the pay rate, working hours, or vacation hours of a given surgeon, the hospital may be treated as the surgeon’s employer, and therefore, legally liable
- If a hospital allows a surgeon to operate in their facilities, while knowing the surgeon poses a risk to the health of patients, they may be held liable for damages by injured patients. This is often the case when a hospital allows a surgeon to perform knee replacement procedures in their hospital facilities, while knowing beforehand the surgeon is incompetent or incapable of meeting a professional standard of care
The decision on the relationship between a surgeon and a hospital, and therefore the level of liability incurred by a hospital, can only be made on a case-by-case basis with the assistance of legal counsel.
Other Methods of Hospital Liability in Failed Knee Replacements
Though the employer-employee relationship between a surgeon and hospital is helpful when holding a hospital liable for damages from a failed knee replacement, it is not necessarily the only method of doing so. The following outlines certain instances where a hospital may be liable for contributing to a failed knee replacement in a patient, including:
- Any negligent action in post-operative care, such as hospital acquired infections or failure to adhere to surgeon’s orders in post-operative care, which causes the failure of a knee replacement can make a hospital liable for damages
- Any negligent diagnostic or pre-operative care given by hospital staff members or using hospital equipment, should it be the proximate cause of failed knee replacement, may be grounds for hospital liability in a medical malpractice suit
Getting Legal Help with Failed Knee Replacement Malpractice Claims
Realistically, only an attorney, who has reviewed and investigated the individual factor surrounding a single failed knee replacement surgery, can make determinations regarding potentially liable parties, including others aside from surgeons and hospitals. Consult with a medical malpractice attorney practicing in your area before taking any legal action against hospitals or surgeons for a failed knee replacement procedure.
