Delray Beach Knee Replacement Lawyer
Knee replacement surgery is one of the most common surgeries performed on those over 50 years of age nowadays, and the majority of such procedures go off without a hitch. However, certain models manufactured by Zimmer Inc. have become somewhat notorious for failing to bond properly with the bone, causing problems that have ended for many in multiple corrective surgeries. If you have experienced these problems, you may be able to receive compensation for what you have gone through. The Delray Beach knee replacement lawyers at Leifer Law Firm are well versed in these types of cases.
Medical Malpractice Issues
Because knee replacement surgeries are so common in this day and age, if one fails it is understandable to look somewhat askance at the circumstances. Because the rate of failure is so low, one may ask whether the doctor was negligent in performing the surgery. In order to arrive at an answer, one must examine the prevailing standard of care in the specialization and also in the geographical area.
The standard of care in medical negligence cases hinges on whether or not the actions your doctor performed were roughly the same as another “reasonably prudent” medical professional in the same or similar circumstances. If they were not, then you may have a malpractice claim to investigate as well as any perceived issues with the Zimmer system itself. If there is no malpractice, it is plausible that you may be able to obtain compensation another way – by alleging a problem with the system itself.
Product Liability Issues
The other possible manner in which to seek compensation for problems with your Zimmer system is to file a product liability action, alleging that there was an inherent design flaw in the relevant model of Zimmer joint replacement that you were given. In order to be able to allege that a product was defectively designed, you must be able to show that the product is unreasonably dangerous as designed – that a reasonable consumer would find the product objectively dangerous because it does not perform to their safety standards. Florida does have strict liability for product liability cases – this means that in some cases a defendant will be held liable regardless of intent.
In the case of Zimmer’s joint replacements, there is some evidence to suggest that some models have been defectively designed, including several recalls and cases of recipients requiring readjustments. However, there is no way to conclusively state that each specific model is defective beyond putting the issue on the proverbial table at trial.
Don’t Wait – Call An Experienced Lawyer Today
A knee replacement should improve your quality of life, not worsen it. If you have been subjected to a faulty Zimmer knee replacement, contacting an attorney to discuss your case is a good first step. The zealous Delray Beach knee replacement lawyers are well versed in these types of cases, and will try to answer any questions you may have. Call us today for a free consultation.