Malfunctioning Knee Replacements Attorneys in Columbus, OH

Columbus Knee Replacement Complications Lawyer

Persistent pain, instability, swelling or reduced mobility after knee replacement surgery can create serious questions for patients and their families. A recommendation for revision surgery may create even more uncertainty. However, a poor outcome does not automatically mean a knee implant was defective. It also does not automatically mean a surgeon or healthcare provider was negligent. A careful legal review usually begins with a different question: What caused the complication? Buckeye Law Group assists individuals and families in Columbus and throughout Central Ohio who have concerns about knee replacement complications. A knee replacement complications lawyer can review available medical records, identify the implanted device and determine whether the circumstances warrant further investigation. Depending on the evidence, the matter may involve product liability, medical malpractice, both issues or neither.

Call (614) 482-3793 today to schedule a complimentary consultation with a local Ohio personal injury attorney from Buckeye Law Group.

What Should You Do if You Are Experiencing Knee Replacement Complications?

Your health should come first. Contact an appropriate medical professional if you experience new or worsening symptoms. Do not delay necessary treatment while trying to determine whether you have a legal claim. Knee implants can require additional treatment for several reasons. The FDA notes that implanted devices may move, break or stop functioning properly over time. Infection and other complications can also require additional treatment or surgery. Common concerns following a knee replacement may include:

• Persistent or increasing pain.
• Swelling or inflammation.
• Joint instability or unusual movement.
• Reduced range of motion.
• Difficulty walking or bearing weight.
• Suspected loosening of implant components.
• Infection.
• Fracture near the implant.
• A recommendation for revision surgery.

These symptoms do not establish that a product was defective. They may have several possible causes. Continue following appropriate medical advice while preserving information that may later help explain what occurred.

How Can You Identify Your Knee Replacement Implant?

Identifying the actual device can be an important part of a failed knee replacement claim. Look for an implant card or other documentation provided after surgery. Relevant information may also appear in your operative report or hospital records. Useful details may include:

• Manufacturer.
• Product or system name.
• Model number.
• Catalog number.
• Lot or serial number.
• Date of implantation.
• Hospital where surgery occurred.
• Name of the surgeon.

Do not assume that you cannot obtain a legal review because you do not know this information. If you know the hospital, surgeon and approximate surgery date, an attorney can discuss which records may help identify the device.

Does a Knee Replacement Complication Mean the Implant Was Defective?

No. Knee replacement complications can arise for reasons unrelated to a defective medical device. Infection, medical conditions, surgical factors, implant positioning, bone quality and other circumstances may require consideration. Likewise, revision surgery does not prove that the implant was defective. When a possible product defect is involved, an Ohio defective knee implant lawyer may investigate the device itself and the evidence surrounding its manufacture, design, warnings or representations.

Ohio Revised Code §2307.73 generally requires a claimant pursuing manufacturer liability to establish an applicable defect theory, show that the defective aspect was a proximate cause of the harm and identify the manufacturer of the actual product involved. That distinction matters. Evidence that a company manufactured the same type of product does not necessarily establish that it manufactured the specific device involved in an individual claim.

What Types of Defects Can Be Relevant to a Knee Implant Claim?

Ohio product-liability law recognizes several theories that may require investigation. Depending on the evidence, questions may involve:

• Manufacturing Defects: A manufacturing inquiry considers whether the particular device differed from applicable manufacturing specifications or otherwise became defective during production.
• Design Defects: A design claim may involve whether characteristics of the product’s design created a legally actionable risk under Ohio law.
• Inadequate Warnings or Instructions: Some cases require examination of warnings, instructions and information provided concerning the product.
• Failure to Conform to a Manufacturer’s Representation: Ohio law also addresses circumstances in which a product allegedly failed to conform to a representation made by its manufacturer.

The existence of a complication does not establish any of these theories. Medical records, device information and other evidence must be evaluated individually.

What if My Knee Implant Was Recalled?

A recall can be important, but it does not automatically establish a legal claim. The FDA maintains information concerning medical-device recalls and early alerts. Some communications concern manufacturer corrections or removals involving potentially significant safety risks. If you receive a recall, safety or manufacturer notice, preserve it. A defective knee implant lawyer can investigate whether the notice applies to your specific model or component. The attorney can also examine whether the identified issue relates to your medical findings. The absence of a recall does not automatically rule out a product-liability claim either.

Could My Case Involve Medical Malpractice Instead of a Defective Implant?

Possibly. Product liability and medical malpractice involve different legal questions. A device investigation may focus on the implant and manufacturer. A medical-malpractice investigation may examine diagnosis, surgical care, implant selection, positioning, follow-up treatment or other professional medical care. Some circumstances may raise both sets of questions. For example, a patient may experience an implant-related problem while questions also exist concerning subsequent medical treatment. Each potential claim must be analyzed separately. Ohio Revised Code §2305.113 generally provides a one-year limitation period for medical claims, subject to important statutory provisions and exceptions. Because different legal theories can involve different timing rules, patients should not attempt to calculate their deadline from general website information.

What Evidence Should You Preserve?

Documentation can become particularly important when the cause of a knee replacement problem is disputed. Keep materials you already possess, including:

• Implant identification cards.
• Operative reports.
• Hospital discharge records.
• Imaging reports.
• Laboratory results.
• Follow-up treatment records.
• Revision surgery recommendations.
• Recall or safety notices.
• Manufacturer correspondence.
• Medical bills.
• Insurance explanations of benefits.
• Prescription and rehabilitation records.
• Employment records showing missed work.
• Receipts for injury-related expenses.

A simple written timeline may also help. Record the original surgery date, when symptoms began, major appointments, testing, recommendations and any later procedures. Families can help preserve these records when an injured person is dealing with treatment, mobility limitations or another surgery.

What Happens to the Implant if Revision Surgery Is Required?

This issue deserves prompt attention. If a knee component will be removed during revision surgery, it may potentially become important evidence. Preservation procedures can involve medical, legal and facility considerations. Do not interfere with medical treatment or direct healthcare providers to take steps that conflict with appropriate care. Instead, tell your attorney as early as possible if revision surgery has been recommended. A Columbus defective medical device attorney can evaluate whether evidence-preservation issues need to be addressed.

How Long Do You Have to Investigate a Defective Knee Implant Claim in Ohio?

Do not assume that you have unlimited time. Ohio Revised Code §2305.10 generally establishes a two-year limitation period for product-liability and bodily-injury actions. The statute also contains specific accrual provisions concerning bodily injuries associated with exposure to an “ethical medical device,” a term defined separately under Ohio law. Medical-malpractice claims can involve different deadlines under Ohio Revised Code §2305.113. The correct deadline depends on the specific facts and legal theory. Do not rely on the date of surgery, the date of a recall or the date of revision surgery alone to determine how much time remains.