Do You Have A Case For A Faulty Knee Replacement Surgery?

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Daniel Thistle

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While a successful knee replacement can significantly improve a patient’s quality of life, there are instances where unforeseen complications arise. In over 95% of cases, total knee replacements function effectively for 15-20 years. However, a small percentage of patients experience issues soon after surgery, leading to additional procedures, persistent pain, and limitations in knee mobility.

These early failures can stem from two primary causes: physician error or a defective prosthetic device. Determining the cause necessitates thoroughly examining your medical records and consultations with qualified medical professionals specializing in knee replacement surgery. The intricacies of such cases demand a comprehensive legal strategy.

The Thistle Law Firm’s team of experienced medical malpractice attorneys understands the physical and emotional burdens associated with failed knee replacements. We are not just legal advisors but also your support system committed to guiding you through this complex process and helping you achieve a just resolution, reassuring you that you’re not alone in this journey.

What Are Some Typical Signs That A Knee Replacement Is Failing?

Following a total knee arthroplasty (TKA), also known as knee replacement surgery, most patients experience significant improvement in mobility and pain reduction. However, it is crucial to be proactive and vigilant about potential signs that your knee replacement may not function optimally. Early detection and intervention are key to minimizing future complications and maintaining a positive long-term outcome, empowering you to take control of your health.

While imaging studies like X-rays are essential for definitive diagnosis, several physical symptoms can indicate a potential issue with your knee replacement. Here are some key warning signs to be mindful of:

  • Persistent and Increasing Pain: While some post-surgical discomfort is expected, persistent or worsening pain around the knee joint, particularly at rest or with minimal activity, can be a red flag.
  • Signs of Infection: Redness, swelling, warmth, and tenderness around the knee joint, accompanied by fever or chills, could signify an infection. This is a serious complication that requires immediate medical attention. Your health is our priority, and we urge you to seek medical help without delay if you notice these symptoms.
  • Decreased Knee Function: Stiffness or difficulty bending the knee can significantly impact mobility and daily activities. This may suggest issues with implant positioning, scar tissue formation, or joint instability.
  • Gait Abnormalities: If you have trouble walking or a feeling of instability in the knee, it’s crucial to seek medical evaluation. This could indicate loosening of the implant or damage to surrounding tissues.
  • Persistent Feeling of Instability: A sensation of the knee “giving way” or buckling during weight-bearing activities can be a concerning sign. This may suggest ligament laxity or instability within the replaced joint.

It’s important to remember that these symptoms can sometimes occur after surgery due to normal healing processes. However, if you experience any of these signs, particularly if they are persistent or worsening, it’s crucial to consult your orthopedic surgeon for a thorough evaluation. Open communication with your doctor regarding any concerns is essential for ensuring a successful long-term outcome from your knee replacement surgery.

What If I Am Allergic To The Material In My Knee Replacement?

While uncommon, metal allergies can pose a significant risk for patients undergoing total knee arthroplasty. Traditional knee replacements often contain components made from cobalt-chromium alloys, which may contain trace amounts of nickel. While the body typically tolerates these metals well, individuals with nickel allergies can develop a hypersensitivity reaction to the implant.

The estimated prevalence of nickel sensitivity in the general population falls within the 10-15% range. A crucial aspect of pre-surgical evaluation for TKA involves a thorough medical history review, including any documented allergies. If a patient discloses a nickel allergy, the surgeon has a professional obligation to select an alternative implant material or surgical technique to minimize the risk of complications.

Failure to consider a patient’s known metal allergy during implant selection could constitute medical malpractice. In such cases, the surgeon may be held liable for any damages resulting from the allergic reaction, including:

  • implant loosening and instability
  • chronic pain and inflammation
  • bone loss around the implant
  • increased risk of periprosthetic joint infection
  • the need for revision surgery

If you suspect a metal allergy may contribute to complications following your knee replacement, consulting with a medical professional specializing in orthopedic surgery and allergy testing is essential. Additionally, seeking legal counsel can help determine if your surgeon breached their duty of care and if you may be eligible for compensation for related medical expenses and pain and suffering through a knee replacement lawsuit.

What If My Knee Replacement Was Performed On The Wrong Knee?

One of the most serious complications that can occur after total knee arthroplasty is the accidental implantation of a prosthesis on the wrong knee. This is a rare but devastating medical error with significant consequences for the patient.

Several factors can contribute to a wrong-sided TKA:

  • Inadequate pre-surgical verification protocols: Hospitals are responsible for establishing and implementing stringent protocols to confirm the correct surgical site before the incision is made. These protocols should involve a multi-step verification process involving the surgeon, surgical staff, and anesthesia team. Unfortunately, some hospitals may lack these safeguards, increasing the risk of wrong-sided surgery.
  • Similar confirmation procedures for different surgeries: Certain hospitals may have standardized procedures for confirming implant sidedness during joint replacement surgeries. However, this standardization can introduce an element of risk if the confirmation processes for hip and knee replacements are overly similar. Hip replacements are frequently bilateral (replacing both sides), potentially leading operating room staff to become complacent regarding sidedness verification for knee replacements.
  • Breakdown in communication and focus: A well-defined and standardized process for confirming implant-sidedness is crucial within the operating room. Inadequate communication or a lapse in focus on the specific knee requiring surgery can lead to a wrong-sided implantation. Ideally, the operating room staff should double-check the implant’s laterality (side) throughout the procedure, not solely focusing on sizing the implant component.
  • The consequences of a wrong-sided TKA can be severe: The implanted prosthesis will not properly align with the anatomy of the incorrect knee, leading to pain, instability, and impaired mobility. Unfortunately, this error often necessitates revision surgery to remove the misplaced implant and install the correct one on the intended knee. Revision surgery is a more complex procedure with a higher risk of complications compared to the initial TKA.

If you suspect a wrong-sided knee replacement, seeking immediate medical attention and potentially legal counsel is essential.

Can A Wrong Size Knee Replacement Cause Medical Issues?

Success in total knee arthroplasty hinges on precise implant selection and positioning. Unfortunately, a wrong-size knee replacement can lead to a cascade of complications for the patient.

When an implant is too large or too small for the patient’s anatomy, it disrupts the natural mechanics of the knee joint.

This mismatch can cause:

  • Persistent pain: The incongruence between the implant and bone can lead to chronic pain and discomfort around the knee, even at rest.
  • Instability and abnormal mechanics: An improperly sized implant may not adequately stabilize the joint, resulting in a feeling of instability, buckling, or giving way during weight-bearing activities. This abnormal joint motion can further accelerate wear and tear of the implant and surrounding tissues.
  • Limited range of motion: Depending on the sizing discrepancy, the implant may restrict the knee’s ability to bend or straighten fully, impacting mobility and function.

Diagnosis of a wrong-size knee replacement typically involves X-ray imaging to evaluate the alignment and position of the implant relative to the knee joint. However, determining whether a sizing error constitutes medical malpractice requires a comprehensive review of the surgical records and expert evaluation by a qualified orthopedic surgeon. This expert can assess the pre-operative measurements, implant selection process, and post-operative X-rays to determine if the surgeon deviated from the accepted standard of care in implant sizing.

If a wrong-size knee replacement is identified, causing significant complications, revision surgery to replace the implant with a more appropriately sized one becomes necessary. However, delaying corrective surgery can further damage the joint and surrounding tissues, potentially complicating the revision procedure and impacting long-term outcomes.

Steps To Take When You Suspect Malpractice: A Cautious and Strategic Approach

Discovering potential medical malpractice can be a deeply unsettling experience. The betrayal of trust by a healthcare professional you entrusted with your well-being can be emotionally devastating. However, reacting impulsively, such as immediately threatening a knee replacement lawsuit, can sometimes hinder the situation.

Here’s a more measured approach to navigating this challenging scenario:

  1. Secure your medical records: You have a fundamental legal right to access your complete medical records. Requesting these records allows you to understand your treatment, including pre-operative assessments, surgical notes, and post-operative evaluations. While hospitals and medical facilities are legally obligated to provide these records upon request, some may try to impose unreasonable delays or fees.  Consulting a medical malpractice attorney can help protect your rights if you encounter difficulties obtaining your records.
  2. Seek a second opinion: A crucial step in determining if malpractice occurred is to obtain a second opinion from a qualified healthcare professional, preferably someone specializing in the treatment you received. This perspective can be invaluable in clarifying whether the outcome resulted from a genuine medical complication or a potential deviation from the accepted standard of care. Remember, not every negative medical outcome automatically equates to malpractice. There are instances where complications arise despite following proper procedures.
  3. Maintain objectivity during the second consultation: When seeking a second opinion, it’s important to remain objective and avoid accusing the initial doctor of malpractice. Many physicians are hesitant to treat patients who may be considering legal action against their previous provider. Instead, focus on presenting a detailed account of your condition, the initial treatment plan, and current challenges. Once the second doctor has evaluated your situation, inquire about their recommended course of action and whether they would have approached the treatment differently.
  4. Consult with a medical malpractice attorney: Consulting with a medical malpractice attorney experienced in your specific situation is a critical step. These legal professionals possess the expertise to analyze your medical records, second opinion findings, and the relevant medical standards of care. This comprehensive assessment allows them to determine if the evidence suggests a viable case for medical malpractice. An attorney can also provide invaluable guidance on the legal process and your rights as a patient.

Remember, although legal action may be necessary in some cases, it is crucial to prioritize a thorough understanding of the situation and explore all options. A measured approach allows you to make informed decisions about your health and potential legal recourse.

When To Consult A Skilled Malpractice Attorney

A failing knee replacement doesn’t automatically equal medical malpractice. Unforeseen complications or faulty components can sometimes be to blame. An experienced medical malpractice attorney can assess your case and determine if negligence played a role, giving you peace of mind as you navigate the legal system.

Remember that each state has a statute of limitations for filing a knee replacement lawsuit. In Pennsylvania and New Jersey, it’s two years. To avoid missing this deadline, consult a Philadelphia hospital and doctor malpractice attorney promptly if you suspect a doctor’s error.

The attorneys at the Thistle Law Firm are here to take your call and answer your questions at 215-525-6824.