Legal Question in Medical Malpractice in Ohio

I was in an auto accid 4 yrs ago i did settle but now i am told i need a totla hip replacement when i went to the hosp they said nothing about my hip can i do anything


Asked on 9/04/09, 11:03 am

1 Answer from Attorneys

Howard Mishkind Mishkind Kuwlicki Law Co. L.P.A.

If the injury claim release included all claims it is unlikely that you can do anything. Further, the fact that you require a total hip replacement 4 years later, it would be difficult to prove that there was any negligence at the time of your injury or that the total hip replacement could have been avoided with different treatment. Sometime treatment with steroids for injuries caused by an accident can result in avascular necrosis that may result in the need for a total hip replacement. You would need to ask your doctor why you need a hip replacement and whether it was from treatment your received or caused by the accident. If it was caused by the accident and you were treated for injuries to your leg or hip as a result of the accident and now require hip replacement I doubt that you have a claim against the hospital. You need to find out from the orthopeadic doctor that will be doing your hip exactly what is the relationship between the accident, if any and the need for the hip replacement. I suspect you will find out that there are a number of explanations for the need for the hip replacement and that 4 years ago when you went to the hospital it was not foreseeable that you would wind up needing a hip replacement. I hope this answers your question.

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Answered on 9/10/09, 5:35 pm


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