Hip and knee replacements are among the most common surgical procedures performed in the United States. These surgeries, along with revision surgeries that are performed to correct problems that develop after the original procedure, are increasing in part due to new implant devices. The advancing age of the baby boom generation indicates that the incidence of these procedures, most often performed in older patients, will continue to rise.
Most procedures are completed without complication, restoring relatively pain-free mobility to the patient. Sometimes serious complications arise, which may result from physician medical malpractice or negligence. Other complications may result from manufacturer defects in the prosthetic hip or knee implanted in the patient during the surgical procedure. Continuing controversies over metal-on-metal and ceramic-on-metal implants have brought these surgeries to the forefront of the news.
Relief may be sought on a group basis in a class action or mass tort litigation. Damages awarded in successful litigation have been high.
Attorneys, physicians, manufacturers and others affected by injuries related to hip or knee replacements must understand the critical liability issues and medical aspects of these injuries.
 |
Attorneys:
What proof is needed for a lack of informed consent claim, alone or as part of a medical malpractice or negligence action, related to a hip or knee replacement? And, what is a potential strategy for the attorney to employ?
|
 |
Physicians:
How can liability for medical malpractice be avoided for an injury related to a hip or knee replacement? And, what is a potential strategy for the orthopedic surgeon to employ?
|
 |
Insurers:
Can a payout under a medical malpractice liability policy be avoided by proof that the health provider was not negligent or there was no coverage for the patient’s injury related to a hip or knee replacement? And, what is a potential strategy for the insurer to employ?
|
 |
Employers:
Can an employer be subject to liability for injury resulting from a hip or knee replacement? And, what is a potential strategy for the employer to use?
|
|
Bonus:
How can a manufacturer avoid liability for an injury related to a hip or knee prosthetic implant? What is a potential strategy for the manufacturer to use?
|
