Surgery Failures: Who is Responsible?

Surgery Failures: Who is Responsible?

sala-de-parto-03-845205-mIn the last blog post, we discussed surgery failures with hip replacements which have led to a large percentage of patients having trouble after surgery.  The malfunctioning hip can result in severe pain and even blood poisoning.

If this happens to you, you will likely have to undergo repeated surgeries to repair the damage.  If you are fortunate enough, it will only require that the hip replacement be substituted with a different model.  For those who aren’t so fortunate, it could mean an extended stay in the hospital, blood transfusions, or even tissue grafts to replace the tissue around the joint killed by the metal dust leaching into the cells.

The need for such repairs can be very costly, resulting in mounting medical bills, not to mention all of the wages lost as a result of time spent in the hospital and at rehab.  It is easy to imagine that the financial despair faced by the victims of malfunctioning hip replacement can be just as devastating as the initial injury.

It is important to understand that, as a victim of a faulty implant, you do have the right to seek legal assistance.  Personal injury attorneys are only a phone call away in St. Petersburg.  If you do schedule a meeting, be sure that you are properly prepared.  Bring evidence of the medical procedures done.  Ask your surgeon for information on the particular type of implant used.  Have your medical records released into your possession.  Bring this information to the attorney’s office with you.

The first step toward receiving compensation for your losses will be to determine who is at fault.  In most cases, the manufacturer of the implant will be responsible for the hip replacement failure.  Yet, this isn’t always the case.  In some instances, it is not the implant that is to blame, but rather the way that it was installed in the body. If the Saint Petersburg surgeon did not perform the procedure correctly, it could greatly reduce the lifespan of the hip replacement.  If it can be determined that it was the doctor’s negligence that led to the hip failing, then a claim of medical malpractice could be filed with the courts, naming the health care provider, the medical facility, or both as defendants.

It is not always the fact that the hip failed that is the issue, but rather that the care providers failed to alert the patient of the potential side effects or complications that could result from undergoing the procedure.  This could be considered another form of negligence and the court would likely side with the victim, awarding compensation for damages suffered.

It is really best to speak with your personal injury attorney about the facts of your case before deciding on a defendant.  Lawyers have had years of experience and know of the precedents set by previous cases.  Their assistance can help ensure that you get the money you need to cover your losses and any future issues that might arise as a result of the failed surgery.