Are you suffering from a failed knee replacement? If you sought surgical intervention to alleviate your knee pain in New York but are suffering severe side effects or harm, you need a knee replacement lawyer from Hach & Rose, LLP.
We understand that you may be intimidated by the legal process and confused about your legal options for pursuing the compensation you deserve after a failed knee replacement. Rest assured, an experienced New York City knee injury attorney from Hach & Rose, LLP is ready to answer all your questions and guide you through the process.
What Is the Purpose of Knee Replacement Surgery?
Knee replacement surgery is an important treatment option for those suffering from joint or bone trauma or osteoarthritis. The purpose of knee replacement surgery is to relieve the debilitating pain that many patients feel in the knee joint or restore mobility and the range of motion the patient once had. Although many elderly patients seek knee replacement surgery, many people who suffer from knee problems can benefit from the procedure. Before proceeding with surgery, doctors may encourage patients to try non-surgical options to alleviate knee pain, including medication, low-impact exercise, weight loss, and joint injections. However, if non-surgical pain management is not successful, you should require revision surgery for patients with advanced-stage joint disease or other knee pain complications.What Is the Surgical Process?
When performing a knee replacement surgery, your doctor removes damaged bone and cartilage from the knee. They then place metal components over the distal end of the femur and the proximal end of the tibia. The tibial component typically has a polyethylene surface, so the patient doesn’t experience metal-on-metal when moving their repaired knee. This procedure often results in significant pain relief for the patient and allows them to regain the mobility they may have lost. Knee replacement surgeries are total or partial. The knee is comprised of three compartments: medial, lateral, and patellofemoral. Some patients are able to undergo successful partial knee replacement, which only impacts one of these compartments. A partial knee replacement is sometimes more beneficial than a total knee replacement because the rehabilitation is easier, and there is a reduced risk of infection or blood clotting. However, the possibility of necessary future repairs may mean your surgeon will recommend a total knee replacement surgery. Although knee replacement surgery is an outpatient procedure for some patients, others require a few days in the hospital to recover. Like many other surgeries, knee replacement surgery patients can expect to use blood thinners, compression socks, and knee coverings. While it may take time before the patient is weight-bearing on the newly repaired knee joint, patients are typically advised to perform exercises and bend the leg regularly.What Are the Risks of Knee Replacement Surgery?
No surgical procedure is entirely immune from some level of risk. Elderly patients or those who are medically fragile may have a higher risk of complications with knee replacement surgery, including:- Infection
- Deep vein thrombosis (DVT)
- Blood clots
- Premature failure of the heart, heart attack, or stroke
- Excess scar tissue that limits knee function and mobility
- Anesthesia complications
- Dislocation
- Foot drop
- Pain and swelling
- Bone loss and soft tissues
What Is the Basis for Knee Replacement Lawsuits?
A failed knee replacement lawsuit may be based on the argument that the knee replacement system manufacturers knew or should have known that their products present a serious risk of significant bodily harm. Further, the device manufacturers failed to warn medical providers and the general public about these risks. Many plaintiffs proceed under a theory of defective design. Because these medical devices have a consistently high failure rate, despite being designed to last for 15 to 20 years, defects in the design are arguably present. The surgeon can also cause an injury during a knee replacement surgery. If the doctor does something during the procedure that a similarly trained doctor would not have done under the same or similar circumstances, that action may constitute malpractice if it results in harm to the patient. In that case, the patient must demonstrate that the surgeon owed them a duty of care, the surgeon breached that duty by deviating from the appropriate medical standards for the procedure, and that breach caused the patient’s injuries, which resulted in harm to the patient. At Hach & Rose, LLP, we understand that handling the legal process after a botched knee replacement surgery may feel daunting, especially when you’re trying to recuperate. You do not have to do it alone. Our team of attorneys has the skills and knowledge to handle your case. From the initial investigation of the facts and circumstances of the procedure that caused you harm to negotiating with insurance companies to trying your case in court, you can be confident you are in good hands with an attorney from Hach & Rose, LLP.What Compensation Can I Recover in a Failed Knee Replacement Lawsuit?
Your knee replacement lawyer will examine all the ways you have suffered injuries and losses due to a failed knee replacement surgery. They will obtain and review your medical records and bills and determine how the failed surgery has affected your life and ability to make a living. Each case is different, but the categories of losses for which you can seek compensation are largely the same. You could be entitled to compensation for:
- Medical expenses
- Prescription costs
- Medical bills related to your surgery
- Physical therapy and rehabilitation expenses
- Lost income
- Loss of future earning capacity
- The cost of assistive mobility and knee replacement devices
- Any necessary modifications to your home
- Diminished quality of life
- Pain and suffering
- Mental distress
- Loss of consortium for your spouse