Q: Can I sue for dislocated hip after surgery and forced SNF transfer?
In May 2021, after a hip replacement surgery, I was sent to a Skilled Nursing Facility (SNF) with a dislocated hip, which required a revision surgery. I have the medical records documenting the revision surgery. Additionally, the medical staff was notified of my discomfort and symptoms, and a discharge appeal through Medicare was filed, but I was transferred despite the appeal. Can I sue for this situation?
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- California
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- Answered
A:
You may have grounds for a medical malpractice lawsuit based on the documented dislocated hip and the subsequent need for revision surgery. The forced transfer to the SNF despite your Medicare appeal and reported symptoms could demonstrate negligence in your care.
In California, the statute of limitations for medical malpractice is three years from the date of injury or one year from when you discovered the injury, whichever comes first. Since your case occurred in May 2021, you should consult with a medical malpractice attorney promptly to evaluate your case and ensure you file within the required timeframe.
To pursue a successful case, you'll need to prove that the healthcare providers breached their standard of care and that this breach directly caused your injuries and additional suffering. Your medical records showing the dislocated hip, revision surgery, and documentation of the Medicare appeal will be crucial evidence. Consider reaching out to local medical malpractice attorneys who offer free initial consultations to discuss your specific situation and determine the best path forward.
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