Q: What are my legal options for pain after allergic reaction to nickel in knee prosthesis?
I had a total knee replacement 16 months ago and have been in constant pain ever since. A blood test revealed I'm allergic to nickel, the metal used in the prosthesis. No allergy test was conducted prior to the surgery, and I wasn't informed of any allergy risks or alternative material options. I consulted a second orthopedic surgeon due to the continued pain, but at that time, I wasn't aware of the nickel allergy, so the surgeon didn't inquire about the materials used. The allergy was discovered after a 12-month follow-up with the original surgeon, who now says that I need revision surgery to replace the nickel prosthesis. In addition to the pain, I have numbness in the shin of the affected knee. What are my legal options regarding this situation?
A:
The existence of any legal options depends on the answer to a medical question: Does the standard of care require nickel allergy testing before implanting a medical prosthesis containing nickel?
If the answer to that medical question is “yes,” you may have some legal options.
If the answer is “no,” you probably don’t.
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