If you have undergone knee replacement surgery in West Virginia, you should have less pain and be able to walk more easily. However, if you are experiencing decreased function or even more pain than before the surgery, there is a possibility that your treatment was unsuccessful. The first entity or person to approach is the institution or surgeon who performed your surgery.
The doctor’s role in ensuring a successful treatment
When someone becomes a licensed healthcare practitioner in West Virginia, they must act with due care, in accordance with medical standards and practice. This means that they have an obligation to provide you with a certain level of care, skill and judgment during your treatment. Simply put, their job is to help you be better, not worse.
Your doctor could have contributed to the failure of your knee implant by:
- Not properly assessing your condition before the surgery
- Using an inappropriate surgical technique or implant that does not suit your specific case
- Failing to inform you of the potential risks and complications associated with the procedure
- Not following proper post-operative care and rehabilitation protocols
- Neglecting to address any issues or concerns you may have during and after the surgery
Proving medical malpractice
Medical malpractice cases arise when a healthcare professional deviates from the acceptable standard of care required in their field. In the case of a failed knee replacement surgery, you may be able to prove medical malpractice if you can show that your doctor’s actions or lack thereof contributed to the negative outcome.
To do this, you must prove a relationship between you and your doctor, also known as a doctor-patient relationship. Evidence of previous consultations, medical records or billing statements can work.
Next, you will need to establish that the doctor breached their duty of care towards you. Then, finally, you have to demonstrate that the doctor’s breach of duty caused your injury or worsened your condition.
Ultimately, if you can successfully prove all these elements, you may receive compensation for damages resulting from the failed knee replacement surgery. These include lost wages when you couldn’t get to work, reimbursement for medical expenses related to correcting or improving your condition and damages for pain and suffering.
