After hip replacement, my leg is 1 1/8 inch longer causing severe pain can I sue Dr.

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After hip replacement, my leg is 1 1/8 inch longer causing severe pain can I sue Dr.

Had right hip replacement on 9-2017, my right hip is now 1 1/8 inch longer than
left causing constant pain, Can.t afford shoe lifts. I have all my hospital and
Dr. records and was measured by Four Corners Artificial Limb Brace.

Asked on November 30, 2018 under Malpractice Law, New Mexico

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Medical malpractice is negligence. Negligence is the failure to exercise due care (that degree of care that a medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).
Prior to filing a lawsuit for negligence against the doctor, it may be possible to settle the case with the doctor's malpractice insurance carrier. Your claim filed with that insurance carrier should include your medical bills, medical reports, and if applicable, documentation of wage loss.
Compensation for the medical bills is straight reimbursement. The medical reports document your medical treatment and are used to determine compensation for pain and suffering, which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled with the malpractice insurance carrier, NO lawsuit is filed.
If you are dissatisfied with the settlement offers from the malpractice insurance carrier, reject them and file a lawsuit for negligence against the doctor.
If the case is NOT settled, your lawsuit for negligence against the doctor must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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