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Hip Replacement Surgery Malpractice

Legal News GavelWhile hip replacement surgery is quite common, it does pose some risks. If you or your loved one has suffered a preventable injury during or immediately following hip replacement surgery, you may be entitled to compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Rochester medical malpractice attorneys can investigate the facts of your case and determine the viability of your claim.

Hip surgery is a major surgical operation. In a hip replacement surgery, the surgeon removes most or all of the worn-out joint and replaces it with an artificial joint. The most common reason an individual would seek a hip replacement is osteoarthritis, a condition in which the cartilage in a joint breaks down or wears down. When cartilage breaks down, bones rub together, causing great pain to the patient.

Hip replacement surgery malpractice can happen in a number of ways, including a surgical error during the procedure, performing surgery without conducting a proper evaluation on a patient who did not actually need it (there are many surgical alternatives to hip replacement, such as osteotomy, which may be appropriate when full hip replacement surgery is not necessary), pain due to the use of a faulty prosthetic,  dislocation of the new hip when pressure is applied because the surgeon did not place the prosthetic hip properly, or an infection resulting when surgical equipment is not sterilized properly and bacteria festers in the wound.

Just because a negative outcome took place does not necessarily mean malpractice occurred. To the contrary, medical malpractice takes place when a surgeon injures a patient by failing to use proper care. Proper care refers to the level of care that a reasonably prudent surgeon would have used in the same or similar circumstances. In short, medical malpractice claims essentially hold the doctor responsible for making an error or performing the surgery improperly. It is important to note that the doctor’s failure to use proper care must have been a direct cause of the patient’s harm.

It is important to note that the person filing the lawsuit has the burden of proving that the doctor departed from the accepted standard of medical care and was negligent in the care he or she provided. This burden is typically met by presenting evidence and expert testimony in support of one’s case.  In cases in which a defective hip implant was the cause of a patient’s injuries, the injured party may be able to hold a retailer or manufacturer accountable through a product liability claim. We can examine your case and identify any and all potentially liable parties.

If you suffer an injury due to hip replacement surgery, you may be entitled to file a medical malpractice claim against the at-fault surgeon. At DeFrancisco & Falgiatano Personal Injury Lawyers, our seasoned Rochester medical malpractice attorneys deal with malpractice cases regularly. With years of experience, we can provide you with the skilled representation you need at every step of the way. To discuss your case in more detail, call us today at 315-479-9000 or contact us online.

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Fetal Stroke Malpractice in Rochester, Rochester Medical Malpractice and Personal Injury Blog, March 27, 2018

Recent Study Reveals That Nurse Practitioners and Physicians Face Similar Liability Risks, Rochester Medical Malpractice and Personal Injury Blog, March 20, 2018

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