Problems After Total Hip Replacement

[Aesclin]

Thank you!!!  I actually live in Michigan not Ohio.  I have never checked into this aspect before since I felt like I had to give my surgeon the benefit of the doubt up until now.  He is actually the best in the area(according to many other Dr's and anesthesiologists whom I work with).  He does the most hips in the area and even pioneered the mini incisional in Western Michigan.  Even the other surgeon I went to for the second opinion said he does the most.  Also, when my mom told the 2nd opinion surgeon I was having this done he immediately asked if this Dr was going to do it, knowing where I lived.  

That said, how does malpractice work?  I mean, if we win, does the lawyer usually get a % of what we are awarded or does his fee get added on to the amount?  I know you mentioned future earnings, is that because I can't do the job I was trained for even if they feel I could do some other job that doesn't involve a lot of walking or stress on the hip?  I know a lawyer will answer these questions but am curious on what to expect as we check into this.  Thanks again.  Traci

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Followup To

- I just had a RTHR on 1/4/06.  Immediately after surgery I had a 2 inch leg length discrepancy.  I have had excrutiating pain and now am having problems with my opposite hip, my lower back, and increase in terrible migraines.  My surgeon first told me it would resolve in 12 weeks.  I talked him into therapy and after approximately 4 weeks of her only being able to try loosening the muscles was able to attempt a few exercises.  She thought my pelvis had rotated and downslipped on the right side.  We were able to decrease the LLD to under an inch but stalled out there.  Surgeon told me now he believes it will be a TWO year fix!!!!  Don't have any idea what he plans on doing during those two years though.  He set my next appointment up for next January(one year from surgery) and told me I could continue with therapy.  

Finally went to another surgeon in a neighboring town for a second opinion.  He stated without hesitation that my surgeon lengthened my leg by almost 1 inch!!!  He stated that I would probably need another surgery to fix this but recommended going for a third and fourth opinion to somewhere like the Cleveland Clinic.  

I am in pain everyday, trying to make it through most without the vicoden but still need it at times.  I have been taken back off of work after returning for only 10 shifts because I started to lose some of the ground I had gained and went backwards 1/4".  I am planning on getting the third and fourth opinions but don't know what else to do.  I can't do my job, I can't walk for ANY length of time and I can't even sit without having to stand and move every 15 minutes or so.  

When I told my second opinion Dr about the 2 year wait he responded with surprise and wondered out loud why 2 years.  He then shook his head and said "oh, I know why he wants to wait 2 years".  Makes me wonder what the statute of limitations is for something like this?  

Any advice would be greatly appreciated.  Thank you.

[Buidhe]

- You have suffered enough. Do not wait any longer. Find a lawyer who does malpractice work.

Your complaint is becoming common, and I don't know why unless it is that some new techniques have been developed and the guys doing the surgeries are not trained for them but try anyway. If hip replacement results in a lengthening of the leg is it done wrong. No question about that.

It depends on exactly what was used as the replacement at the end of the trochanter. Recently plastics have replaced metal as the 'replacement' and these should not cause the leg to become longer. What probably causes the lengthening is that an improper fitting is made, as if the surgeon figures all replacements are the same size. I can't guess what your surgeon did, but whetever it was, he did something very wrong.

You are right to suspect that he hopes you will wait beyond the statute of limitations. You live in Ohio? I don't know off hand what the statute is there, but any lawyer should be able to tell you. Usually the statute runs from the last date you saw the defendant doctor, and you probably have some time because you have seen him some months after the surgery.

It is not your job to try to figure out what to do. You have to find a lawyer who likes to go to trial. The best way to do this, if you are able to, is to go to the Superior Court Clerk and search through recent malpratice cases and write down the names of lawyers who won trial verdicts against hospitals and doctors. Then see them.

Most lawyers should be glad to take your case because you have what they call damages, lost wages and future earnings. Avoid lawyers who talk about 'settlements', you want a trial lawyer, an old cranky guy with enough money to handle your case

[Leonard]

The first thing you need to understand is that just because the doctor committed malpractice does not mean you will win, or get any money out of it. Malpractice cases, unlike all other torts(lawsuits for injury) do not depend on facts, but it is a doctor's opinion that tells the jury it is malpractice. So, while I say you should sue, do not expect to win. About 60% of cases taken to trial are lost.

Now, yes, your damages are the money you have lost up to now, the money you will lose because in the future you must take a lower paying job, and the future medical costs because of this injury, and a certain amount for loss of other things like social activities, recreation, inability to do hobbies etc.

Based on all these factors your lawyer will make a claim for damages and add his expected fees to that. Usually lawyers get from 1\3 to 1\2 of the verdict depending on a lot of things including how cheap juries in  your area might be.

Go get the guy even if he is a big shot. Maybe he was too tired to do the job, or maybe he allowed the salesman for the prosthesis to make changes, or maybe he had as his assistant a resident who should not have done anything, but whom he allowed to do some of the job. Who knows why doctors commit malpractice, but even the best of them do. Fatigue is a major factor. That and distractions in surgery. Don't try to make excuses for the doctor. He did it, no matter why.