Knee Replacement Surgery Gone Wrong: Now What?

Knee replacement surgery that did not go as planned can be due to medical malpractice. If you feel that your knee surgery was botched due to medical error, then you may have the right to compensation for lost wages, pain and suffering and other costs related to any medical malpractice that occurred.

How Do You Know If Malpractice Occurred?

Sometimes patients might not understand their rights or may be confused or uncertain as to whether malpractice occurred when their surgery does not go as planned. Some indicators that malpractice may have occurred include, but may not be limited to:

• Nerve damage occurred that was not anticipated.
• You were not asked to give consent and given complete details about the procedure and outcome expected. This is a big no-no, and your medical provider can be sued if you were not provided proper information or asked to sign consent forms for your procedure.
• Your immune system was damaged by your surgery because of the type of prosthetic used in your procedure.
• Your prosthetic was later discovered to be defective. This might lead to a product liability tort suit rather than medical malpractice.

What Is Medical Malpractice?

You might not know what exactly is included under medical malpractice. Medical professionals are held to a higher standard of care than most professionals because they have people's lives and health placed into their hands on a daily basis. Hospitals, doctors and medical staff are covered by comprehensive medical malpractice insurance, so you should not worry about the impact of suing your doctor if you have the right to sue. Your doctor's insurance will usually cover any litigation costs and settlements. Everyone involved in your procedure may be liable if malpractice occurred. That includes your nurses, anesthesiologists, medical assistants, nurse practitioners, the hospital, the product manufacturer and any other entity or individual who may have contributed to medical malpractice in your case.

Most cases must be filed within a time limit set by law, known as the statute of limitations. This date is usually determined by when you became aware that malpractice occurred due to physical condition or for some other reason.

Getting Legal Advice

If you feel that your knee replacement surgery was not handled properly, contact an attorney as soon as possible. An attorney can help you preserve your right to sue by making sure that papers are filed in time. An attorney can confidentially discuss your case with you and talk with you about the potential for compensation.