Do I have a legitimate claim regarding a defective hip replacement?

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Do I have a legitimate claim regarding a defective hip replacement?

I had hip replacement surgery 9 months ago. Then about 3 months ago, the hip dislocated and I was taken by ambulance to the ER. Last month the hip started to dislocate again but I was able to straighten out my leg and avoid a third trip to the ER. Shortly after I had corrective surgery. I have suffered a lot of pain and expenses.

Asked on August 9, 2017 under Malpractice Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Do you have a medical opinion (e.g. from another or different doctor) that the hip replacement is defective in some way? If there medical evidence that the replacement joint is itself defective and/or that the procedure to implant it was done carelessly, then you may be able to sue the doctor, hospital, and/or manufacturer of the joint. But first you need some medical evidence or testimony or an expert medical opinion as to what happened; if the joint is fine and the procedure was done correctly but against all reasonable medical expectations, it simply is not "taking" properly, there would be no viable lawsuit; there must be some "fault" for there to be liability.
If you have not spoken to any other doctors about the situation, you may therefore wish to do so; or you could speak to a medical malpractice attorney, who can likely recommend a physician who could examine you and offer an opinion as to what is going on. With that information, you can decide what to do.


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