QUESTION

Can i win a lawsuit with a medical complication during the surgery?

Asked on Feb 14th, 2013 on Medical Malpractice - New York
More details to this question:
Hello, I had a hip resurfacing procedure. Once I woke up I couldn't feel my foot not move it. I went through a hell with pain, because of the complication of a nerve injury that I got. I'm 3 month post surgery now, and still have pain, not as severe as before. I can't work and I was laid off so now I have to pay COBRA insurance to keep my insurance intact. I had to remove my wife from it because it would be way too much to pay for the medical insurance. I don't know what to do because the implant has to be replace every 8-13 years. Before the surgery I had only Osteoarthritis of my hip, my foot was perfectly fine. I'm taking pills that have solo many side effects that one of them might destroy my marriage. I'm wondering if I can with this case and what compensation I'm looking at?
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1 ANSWER

Catastrophic Injury Attorney serving Roseland, NJ at John J. Ratkowitz
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Nerve damage following hip surgery may be the result of medical malpractice, but it is very hard to win these cases because nerve damage can occur in the absence of negligence in this procedures.  If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. 
Answered on Feb 14th, 2013 at 11:20 AM

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