Legal Question in Medical Malpractice in Colorado

I'm on week seven post op from a THR on my left hip. My operated leg is now 3/4 of an inch longer than the right one. If this is permanent do I have any recourse?

Asked on 12/01/09, 2:52 pm

1 Answer from Attorneys

Linda Chalat Chalat Hatten Koupal & Banker P.C.

In answer to your question, the Mayo Clinic lists change in leg length as a possible risk associated with a hip replacement procedure: "Your surgeon takes steps to avoid the problem, but occasionally your new hip may make your leg longer or shorter than the other one. Sometimes this is caused by weakness in the muscles surrounding your hip. In this case, strengthening those muscles can resolve the issue."

If you signed an inform consent form prior to the surgery you probably acknowledged this risk, but even in the absence of the informed consent you would probably have a difficult time finding an expert that would testify that you received negligent care.

I regret not being able to offer more hopeful advice. Another attorney may have a different opinion and I encourage you to seek a second opinion. Please keep in mind that you have a two year statute of limitations in Colorado for filing a medical malpractice claim, you must file within two years of the act of negligence or lose your right to do so. Other time limitations may apply. I wish you luck.

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Answered on 12/06/09, 4:24 pm

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