If I had a hip replacement and the doctor put a screw in incorrectly so I had to do a second surgery, am I responsible for the cost of the second surgery?

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If I had a hip replacement and the doctor put a screw in incorrectly so I had to do a second surgery, am I responsible for the cost of the second surgery?

As well as the additional hospital cost? I had the follow-up surgery 3 days later.

Asked on May 21, 2012 under Malpractice Law, Colorado

Answers:

Jason Ostendorf / Law Ofice of Jason Ostendorf

Answered 9 years ago | Contributor

At this time, your insurance should cover the brunt of the second surgery pursuant to the applicable policy.  If they fail to do so, then you should contact a lawyer who does insurance claims.

Now to the medical malpractice issue.  If it is true (and your medical malpractice lawyers would need to hire an expert witness to confirm this) that the first doctor messed-up, then you can sue for malpractice to recover the cost of the second and first surgeries.  Moreover, in such instance, you can also sue for the value of your pain and suffering.  You should consult with an experienced medical malpractice lawyer immediately.

 


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