Asked in Medical Malpractice for Illinois

Q: I had to receive a second hip replacement on my right hip because my first hip replacement came out of the socket four

Times. Then I had to go back to the nursing home and do physical therapy for three weeks all over again the experience was a night mare. Can I sue the Dr. That put the wrong hip in causing the ball to come out of the socket it was excruciatingly horrific nightmare except I had to live through it

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2 Lawyer Answers
Adam Studnicki
Adam Studnicki
Answered
  • Medical Malpractice Lawyer
  • Phoenix, AZ

A: You may have a medical malpractice case. Also, if had a Depuy or other metal-on-metal hip implant, you may have a products liability claim.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to get legal advice and help with your specific situation at your earliest convenience. I am licensed to practice law in Arizona.

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
Answered
  • Medical Malpractice Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: The question I like to ask potential clients who believe they have been injured by medical malpractice is: "How are you doing now?" In many cases even though the doctor or medical providers did something or failed to do something that was below the standard of care that caused an injury, the end result is crucial. You suffered an enormous amount of pain and discomfort unnecessarily from your description, but if the problems you had have been remedied it would not be a case that my firm would take on because the upside of your damages is limited. That is to say there may well be an abundance of negligence in the way your surgeries were handled, but if you made a satisfactory recovery from follow up and remedial surgeries, the case would not be financially beneficial to you at the end given the very high costs of prosecuting any medical malpractice case and the fact that juries generally have difficulty finding doctors, hospitals and medical providers responsible for injuries to patients except in the most egregious of cases. In any event, I would have to know a lot more about your situation.

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