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70 year old woman had hip surgery doctor only put in half of the prosthetic . Dr. put in brand patient specifically didn't want

Portland, OR |

Have since had to remove implant and have no hip. The implant fell into pelvic bone causing pain. Never able to walk again. Does she have a case?

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Attorney answers 4


Possibly. Consult with a local experienced medical malpractice attorney.


She should contact an Oregon medical malpractice and products liability attorney to have her claim evaluated. Injury to the acetabulum (area where the femur would connect with the hip) can be very problematic and complicated by other medical conditions. This is a serious injury and the resulting immobility can create other problems as well. I hope she is getting good medical care and support at home. Best of luck.

Keith Dozier

Please note that I am not giving legal advice, just offering thoughts on what you may do in this situation. If you want legal advice or you wish to pursue a legal claim you should contact an attorney. My office offers free consultations at 503-594-0333 or By: Keith Dozier


Have a local malpractice lawyer order the medical records to investigate


Regarding the surgeon's use of a prosthetic brand that the patient expressly indicated she did not want, the patient may have a claim for "battery" to her person, but, respectfully, I question whether she would be able to prove that she suffered "damages" as a consequence. As with the other element of your inquiry - did the surgeon malpractice - you will likely need to retain counsel who would in turn have the medical records and diagnostic imaging (x-ray films, etc.) reviewed by an independent orthopedic surgeon. An expert's opinion will be needed to determine whether the surgeon did or did not malpractice and, if so, whether that malpractice caused the patient injury (from time to time we review cases where we can prove malpractice but cannot also prove that the malpractice caused injury).

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