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50 yr old female. THR 5/17/11. my acetabular cup has been misplaced. LLD is due to the cup. Extreme pain in groin.

West Nyack, NY |

Unable to stand or sit for long periods. Had to stop walking 5 miles /day because of pain. I've gained 20 pounds.
I need to know if I have a case, even though the docs will never go against one another.

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Attorney answers 9

Posted

So much pain that I cannot follow your posting. Please clarify. Sad about Schmipf's.

Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff

Asker

Posted

Sorry. Had THR. Surgeon placed the cup wrong. My leg length discrepancy is due to the misplacement of the cup. My question, even though this new surgeon admits to the cup being misplaced, and I know these orthos never go against one another, is it the lawyer who tries to prove there was a mistake made?

Asker

Posted

The illsoas tendon is rubbing on the cup which is causing the pain. I will need a revision surgery to correct the misplaced cup, then that leaves the tendons n muscles loose... etc

Jeffrey Mark Adams

Jeffrey Mark Adams

Posted

You need expert medical testimony to sustain a case. What does your present attorney tell you?

Posted

There are a number of different hip replacement devices which are the subject of products liability lawsuits for being defective. As a result additional information is needed about your situation to help determine if you have a viable case. There are specific time limits on your ability to bring a claim depending on your situation so I would advise you consult with an attorney as soon as possible.

Asker

Posted

Thank u so much but Buffalo is very far from me. :(

Rafael Omar Gomez

Rafael Omar Gomez

Posted

Our office handles cases across New York so if you would like a consultation please feel free to contact us. Thanks.

Asker

Posted

Of course!! I need someone who is going fight for what us right.

Posted

Why has your acetabular cup misplaced? Have you obtained a second opinion from an orthopedist? You may have a case depending on the answers to these questions. Go to a med mal attorney with this information; consultation is generally free.

This answer is not intended as legal advice, nor as a substitute for legal advice received from an attorney during a consultation. Your rights and obligations may vary depending upon facts not disclosed in your question. Therefore, you should contact an attorney immediately so that your interests are properly protected.

Asker

Posted

I've been to 4 other Orthos. I was told that its just something that happened :/

Steven Miller

Steven Miller

Posted

You present with what is a tough matter to evaluate based on this info.

Posted

You need to make a determination very quickly if you want to proceed as it appears that the statute of limitations may expire very shortly. Has anyone reviewed your records yet? do you have your records? Where did you have the THA done? What type of prosthetic was implanted? (i.e. Stryker?) Did you follow up with the surgeon? What do the post-op x-rays show? You say the cup has been misplaced, did it move? How big of a leg length discrepancy do you have? There are experts who will testify against other doctors in hip replacement cases if you have a viable claim. Based on the information you provided, it's difficult to know one way or the other, but you should act immediately.

New York Plaintiff's Personal Injury Attorney Serving NYC, Long Island, Westchester and the surrounding areas. The information provided herein is not, and is not intended to be, legal advice. The content herein is for information and educational purposes only, and is based on the limited information provided. Any information provided is not intended to, and does not, create any attorney/client relationship where none exists. For legal advice, please consult with an attorney. While this posting is made for informational purposes only for the AVVO community, to the extent one seeks to contact me based on the content herein, or that this may be viewed by some to be attorney advertising, please be advised of the following: *Attorney Advertising

Asker

Posted

Thank u. I have all reports this new surgeon told me n showed me the cup was placed wrong. it didn't move. No one has accurately measured my LLD. I just know I have pain every day since the replacement. A different kind if pain, other than the arthritis. I trued to tell the surgeon but he didn't want to hear it.

Gregory Scott Gennarelli

Gregory Scott Gennarelli

Posted

Was the angle wrong, or the cup too big/small? Do you get dislocation? do you have any foot drop or sensory issues with the leg/foot? It is rare that a subsequent treating doctor will testify against a prior treating doctor. I recently tried a hip replacement case and brought an expert in from out of state. You should have an attorney review the records immediately as I can't stress enough that the time limit to file a claim appears to be fast approaching.

Asker

Posted

The angle is wrong which is causing my tendon to rub. I told the original surgeon and this one that I'm now getting spasms in my groin n buttox. I wouldn't rely on this doc to testify. Do I need to see an expert witness? How do I go about that? I have no idea about any of this. thank u.

Gregory Scott Gennarelli

Gregory Scott Gennarelli

Posted

In order to prove a case, you need an expert to testify that the doctor departed from good and accepted medical practice, and that departure caused you to sustain an injury. moreover, in order to commence a medical malpractice action, an attorney must file a Certificate of Merit which typically indicates that the attorney consulted with a physician and there is a viable claim for malpractice. Your best bet is to find an attorney knowledgeable in hip replacement cases who has the ability to discuss your situation with an expert to determine whether there is a viable claim. Experts typically cost a few thousand dollars to review records, and anywhere from $5k-$15k to testify at trial, plus hourly or flat rates for any work that need be done in the interim. If an attorney takes your case, s/he will front that money until the end of the case. Again, since you have no idea about any of this, you should contact an attorney immediately. Good luck.

Posted

Maybe but you must gather your medical records and consult with an attorney immediately. You may be right up against the statute of limitations.

Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation. Any response given here is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response may change appropriately.

Posted

There is a dearth of information in your post. You will need to present a much more comprehensive account to an experienced NY medical malpractice attorney to determine if you have a viable claim.

Posted

You waited too long the statute of limitations is about to expire.

Posted

Have a local lawyer order your medical records to investigate

Posted

It appears that you have waited so long that no competent medical malpractice attorney would take this case which S/L will expire imminently. No time to work with, but I suspect other attorneys have rejected your case already.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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