After hip replacement, my leg is 1 1/8 inch longer causing severe pain can I sue Dr.
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
After hip replacement, my leg is 1 1/8 inch longer causing severe pain can I sue Dr.
Had right hip replacement on 9-2017, my right hip is now 1 1/8 inch longer than
left causing constant pain, Can.t afford shoe lifts. I have all my hospital and
Dr. records and was measured by Four Corners Artificial Limb Brace.
Asked on November 30, 2018 under Malpractice Law, New Mexico
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Medical malpractice is negligence. Negligence is the failure to exercise due care (that degree of care that a medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).
Prior to filing a lawsuit for negligence against the doctor, it may be possible to settle the case with the doctor's malpractice insurance carrier. Your claim filed with that insurance carrier should include your medical bills, medical reports, and if applicable, documentation of wage loss.
Compensation for the medical bills is straight reimbursement. The medical reports document your medical treatment and are used to determine compensation for pain and suffering, which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled with the malpractice insurance carrier, NO lawsuit is filed.
If you are dissatisfied with the settlement offers from the malpractice insurance carrier, reject them and file a lawsuit for negligence against the doctor.
If the case is NOT settled, your lawsuit for negligence against the doctor must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.