A hip replacement seems like a routine surgery, right? Your doctor seems rather blasé about the whole thing in terms of risks and complications – you need this procedure to walk again, to be comfortable again. You have tried exercise, yoga, NSAIDs, a cane, even a walker. Nothing short of surgery will work. Surely the benefits outweigh the risks.
A hip replacement is just what the name says – it removes damaged or worn-out bone and replaces it with an artificial ball-in-socket joint.
When medications or lifestyle changes fail, a hip replacement might be the only procedure left for you to try.
Those who suffer from the following conditions are good candidates for a hip replacement:
Hip replacements contain three pieces: the ball, the cup and the stem.
The ball, or the “femoral head component,” replaces the head of the femur. The cup, or the “acetabular component,” is implanted into the pelvis. The stem is inserted into the femur. These pieces, working together, allow for motion and replace your natural hip bones.
There are two types of hip replacement surgery: posterior, from the back, and anterior, which is from the front and considered more invasive. Most doctors choose the posterior approach, as it allows the surgeon more visibility and is less invasive. However, this type also comes with a much longer recovery period.
There are three types of procedures:
As for the new hardware in your hip, its is normally made from ceramic, plastic, metal, or some combination. Metal-on-metal devices are rarely used despite their durability, since they can shed particles and can lead to metallosis.
Types of implants include the aforementioned metal-on-metal, as well as others:
As mentioned above, osteolysis is a big fear among patients, which is the cause of 75% of hip implant failures. More common risks include:
There are indeed faulty models that should be avoided, though your medical professional should be aware of this (and if he isn’t, you should not consult with him):
The most common failure is among the metal-on-metal implants, and those have been the subject of many lawsuits against manufacturers. As of late 2017, more than 13,000 cases involving hip replacements are pending across the country, running the gamut from products liability to medical malpractice.
Multidistrict litigations (MDLs), a federal legal procedure that lets hundreds or even thousands of similar plaintiffs move through the system at a faster pace, are pending. MDLs allow for cases that ask similar questions in different districts to be consolidated.
The following companies have cases pending against them:
Many hospitals and medical facilities perform this procedure, with different degrees of success. In Florida, 39% of hospitals have at least one surgeon with a high adjusted complication rate. Florida attorneys work with clients either to pursue damages against a medical practitioner (which has a two-year statute of limitations) or against the manufacturers in mass tort litigation for defective products.
If a patient was injured in Florida, he or she can bring claims for negligence, strict products liability or breach of implied warranty of merchantability. (Basically it’s implying that the product you put into the stream of commerce will work for its intended purpose. Because it’s implied, it doesn’t need to be written or spoken).
The state of Florida has a high elderly population, and as one ages the likelihood of receiving a hip implant is greater. The first lawsuit against Stryker was actually filed on behalf of a South Florida couple. The wife received a Stryker Rejuvenate hip implant in 2011 and started experiencing pain in her groin soon after. While imaging revealed the implant to be working as expected, it was discovered that she was suffering from metallosis. Even worse, she already had a Stryker implant in her other hip. She will likely never walk again because of the resulting damaged tissue, fractures and trauma.
If you have had ongoing problems with your artificial hip implant, then you most likely have a case – either for defective products or medical malpractice.
You will want to check the relevant statute of limitations for your state; as previously mentioned, in Florida, you have two years to file a claim for medical malpractice or up to four years for products liability.
For medical malpractice, there are state pre-filing requirements, such as notifying the defendants in question at least 90 days prior to filing a claim. If you don’t fulfill this specific requirement, you will be barred from filing the claim.
These cases are both difficult and massive; with medical malpractice, you have to show that the surgeon directly caused your injuries, and that requires expert medical witnesses who can vouch for you.
With defective products, you have to illustrate the chain of supply and outline it for a jury. They sometimes have difficulty following a product from start to finish, so you really need to lay it out. A good attorney can assist you.
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