Personal Injury Lawyer

Knee replacement malpractices: Filing a claim

Just like every surgical procedure comes with risks and complications, knee replacement surgeries also involve risks to some extent. Moreover, the complications arising from knee surgeries can also give way to medical malpractice claims. Patients who have sustained injuries in knee replacement surgeries have the right to receive compensation for pain and sufferings, medical expenses, and loss of income.

Retaining an orthopedic expert witness in this matter is urgently important as these expert witnesses have comprehensive knowledge specific to the case. This is possible only when you seek assistance from professional attorneys.

About Knee Replacement:

Knee replacement surgery includes replacement of certain parts of the knee joint through synthetic implantation. The procedure is done to reduce swelling, pain, and discomfort associated with it. Also, they allow greater range of motion. Knee problems are age-related problems and therefore, the number of knee surgeries has witnessed a sharp rise.

Due to surgical negligence, there also has been a huge rise in the number of malpractice cases. Below mentioned are some of the complications that you might face due to a botched up knee surgery.

  • Infection
  • Heart attack
  • Stroke
  • Nerve damage
  • Chronic pain
  • Chronic stiffness
  • Urinary Tract Infection (UTI)
  • Movement impairment
  • Pulmonary embolism

Additional surgeries might be needed to cope up with the complications. This means extra medical bills, additional stay at hospitals, leave from work leading to loss of income, and so much more!

Process of meeting the malpractice standards:

Though patients are entitled to compensation due to negligent surgery, there are certain standards which need to be met to prove negligence. Just because your operation didn’t turn out to be successful does not imply that there has been a malpractice. Medical negligence can happen when the surgeon breaches the standard of care. For instance, a surgeon who fails to consider the previous medical condition of the patient is acting in a manner that goes against what another competent surgeon would have done. To prove negligence, it is important to establish the causation i.e. the patient has sustained injuries because of the negligence of the surgeon. There cannot be malpractice if the complications are due to some other unavoidable circumstances or by your own negligence.

Proving negligence depends a lot on the expert guidance of the orthopedic expert witness. These experts are professional surgeons having huge knowledge on different kinds of complications arising from knee replacement surgeries. They are called upon by the attorneys to provide testimony and depositions in court trials. Moreover, they prepare written documents based on the case facts. These written facts are scientifically true and clinically proven. Also, the judges aren’t well-versed with the technical aspects of the case. This is where an expert witness plays a credible role. The complex matters of the case are written in a simplified manner so that it becomes easily digestible by the decision-makers. Remember the testimony of these experts can make or break the case. So it’s important to find an expert witness who has in-depth knowledge in matters specific to the case.

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