Legal Question in Medical Malpractice in Pennsylvania
Hip Replacement
I got a total hip replacement January of '08. Ever since the replacement it has been sore and now the pain is out of control. I can't even walk through the grocery store. I went back to see my doctor and he basically said I was crazy, that my hip was fine and I did not have to be there. I have gotten to the paint that the pain has taken over my life. I am on disability and had to quit school. I went for a second opinion and was told that the hip was not done correctly and the replacement is loose and is causing further bone damage and I now have to have another surgery to fix it. Do I have any grounds for a case?
2 Answers from Attorneys
Re: Hip Replacement
You have stated the �grounds for a case�, i.e., you have an opinion that the hip was not done correctly, and that you�ve suffered damages as a result. The question is whether you can find a lawyer who was willing to invest the time and money to take your case.
A key aspect of your situation is Pennsylvania�s two-year statute of limitations under which you have two years from the discovery of your injury to file suit, if that is appropriate.
According to what you�ve said, you had reason to suspect since the date of surgery that you may have been injured. If a lawyer or to take this case, he would want to get all of your medical records, submit them for expert review in time to file suit in January of 2010.
What this means for you, is that you have to act quickly if you are considering a lawsuit.
Most medical malpractice attorneys will speak to you over the phone, without charge, to see if
you have a case they would take.
Personally, on the facts of your case, I would not be interested. However, an attorney who has done similar cases may be interested.
For that reason, I urge you to contact medical malpractice attorneys as soon as possible to obtain additional opinions. You may look on this website, Google, the Yellow Pages, the Bar Association for medical malpractice attorneys.
While it might be helpful for you to get all of your medical records, but it�s not a reason to delay contacting attorneys.
Re: Hip Replacement
If the pain you now suffer and have suffered from the time of the hip replacement was due to a loose prosthesis your suspicions are probably justified. Whether it is practical to pursue a legal claim depends on the facts contained in your medical records, the films taken following surgery and the degree of success obtained by the recommended future surgery. You should consult a lawyer with experience in handling malpractice claims.