A patient who endures complications from a failed knee surgery may have a medical malpractice claim. The surgery may even go as planned, but the patient can still experience unanticipated pain and suffering if the knee implant is defective such as with a Zimmer Persona implant.
What Is a Knee Implant?
A knee implant is a man-made device called a prosthetic. During knee replacement surgery, a surgeon removes an individual’s damaged bone and tissue. The surgeon then places the prosthetic into the area. The implant is supposed to work just like the tissue and bone did prior to becoming damaged.
Can a Knee Implant Fail?
Yes. A knee implant device is supposed to support a person’s body weight while allowing them to be completely mobile. Any time the device is improperly designed or manufactured, an individual can experience problems, such as pain or limited mobility. A defective knee implant can also lead to other medical problems such as cobalt toxicity.
Who Can I Sue If My Knee Implant Fails?
Knee implant manufacturers are legally required to market safe medical implants and adequately warn the implant users of any dangers. Whenever the device fails, an individual may have a defective product claim.
What Is a Defective Product Claim?
A defective product is any product causing injury to an individual because of:
- Lack of a proper warning
- Design defect
- Defective manufacturing
It is the responsibility of a knee implant manufacturer to place a product on the market that is safe for the consumer. An individual can sue a manufacturer, designer, retailer, or distributor in the chain of the product’s distribution because the product caused harm.
What Do I Need to Prove for a Defective Product Claim?
To successfully win or settle a knee implant claim, a plaintiff must prove:
- The product had a defect.
- The defective product caused an injury while the product was being used the way it was intended.
- The defective product has not been changed substantially in terms of how the was supposed to operate when sold. For example, the plaintiff did not have knee surgery to have the device altered.
Do I Need a Lawyer for a Knee Implant Lawsuit?
Yes. A knee implant lawsuit may include more than one defendant and will involve a lot of work. To understand more about your knee implant situation and see if you can sue someone for your pain, contact a personal injury lawyer.