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During a revision surgery, I suffered a fractured femur during when the doctors were removing the prosthesis. Can this incident be incorporated into a lawsuit against Stryker?

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Unfortunately, a hip surgery revision accompanies several risks—including damage when doctors remove the old prosthetic. When doctors damage or fracture a bone during the hip removal process, the additional damage may require additional medical care or a longer recovery. Studies have shown that a sizable percentage of Stryker patients who require a revision surgery incur a fracture of the femur during the removal process.

While these events are painful and disheartening for the patient, they can generally be added to a patient claim or lawsuit for damages from the medical device manufacturer.

Most jurisdictions have a strong line of case-law that considers subsequent medical care to be attributable to the original cause of action. Consequently, any complications encountered during a revision surgery or recovery may be pursued under the original basis for the lawsuit. In the rare circumstance, where a patient dies during a revisionary surgical procedure, his or her family could similarly pursue a lawsuit for wrongful death damages based upon the original claim.

Considering that these damages for complications related to a revision can only be pursued while a claim is open, it is imperative for patients considering a revisionary or corrective procedure give serious consideration to during so prior to the resolution of their care. Once a matter is settled, there is no way to attach a claim for subsequent damages.

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