If a preventable error during knee replacement surgery has led to amputation, revision surgery, or lasting pain, our knee replacement malpractice lawyers can help determine whether negligence—rather than “known complications”—caused your injuries. Keep reading to learn how to identify medical negligence, review real examples, and understand the types of compensation available.
Quick takeaways
- Knee replacement surgeries are common with more than 700,000 performed in the U.S. every year.
- When surgeons deviate from the standard of care, such as using a tourniquet on patients with vascular grafts, choosing the wrongsized implant, or missing early signs of infection, patients can suffer catastrophic injuries.
- Pennsylvania’s statute of limitations is generally two years from the date you knew or reasonably should have known you were injured.
Why Malpractice Happens During Knee Replacements
Knee replacement surgery (also known as knee arthroplasty) is a technically demanding procedure. Negligence can occur before, during, or after the operation.
Common errors that support a malpractice claim
- Preoperative: Inadequate vascular workup, failure to discontinue blood thinners, lack of informed consent or selection of a recalled device.
- Intraoperative: Misplacement or oversizing of the implant, nerve injury, excessive tourniquet use or contamination of the surgical field.
- Postoperative: Failure to recognize compartment syndrome, infection, or vascular compromise, premature discharge or medication errors.
An Example of Knee Replacement Malpractice
Total knee replacements are a common procedure performed in the United States and worldwide, carrying inherent risk like any major surgery. In particular, vascular complications (complications of the blood vessels) can be significant, especially in patients with pre-existing peripheral vascular disease that compromises blood flow to the lower extremities. Diabetes is a frequent underlying cause of peripheral vascular disease. Patients with femoral-popliteal bypass grafts, grafts used to bypass blocked arteries and create new pathways for blood to flow to the lower legs, face a markedly elevated risk of serious vascular complications after total knee replacement.
When appropriate surgical techniques and postoperative protocols are followed, however, total knee replacement can still be performed safely in this high-risk population. If the orthopedic surgeon deviates from accepted standards of care, the risk of limb loss and damage to femoral-popliteal bypass grafts can be substantial.
Before proceeding with a total knee replacement, the orthopedic surgeon must obtain informed consent and refer patients to a vascular surgeon for testing and a clear discussion regarding the planned procedure. In virtually all high-risk cases, a competent vascular surgeon would advise against the use of a tourniquet during the operation—tourniquets can promote arterial thrombosis (clotting) in the lower extremities and can cause existing bypass grafts to occlude, abruptly cutting off blood flow. Total knee replacement in these circumstances should be performed only in a hospital setting where immediate vascular consultation is available to rapidly assess and treat arterial flow problems.
This office currently represents a 61-year-old patient with peripheral vascular disease who previously underwent femoral-popliteal bypass grafting in both legs. The orthopedic surgeon failed to consult with the patient’s vascular surgeon regarding the status of his grafts or the planned total knee replacements. Instead, the orthopedic surgeon performed bilateral total knee replacements with tourniquets on both extremities. The patient had pulseless lower extremities post-operatively in the recovery room. No vascular surgeon was available for consultation. Nursing staff repeatedly paged the orthopedic surgeon, who did not respond. No physician examined the patient for approximately eight hours, until a vascular surgeon finally came to see the patient around 11:00 p.m. and immediately transferred him to a major university hospital. Tragically, the patient ultimately required a below-the-knee amputation of one leg and lost his other foot.
In summary, total knee replacements are routinely performed by orthopedic surgeons, and while complications can occur with any operation, adherence to the standard of care can prevent catastrophic outcomes. This is especially true for patients with peripheral vascular disease and/or femoral-popliteal bypass grafts, in whom meticulous preoperative planning and intraoperative decision-making are essential. If you are considering total knee replacement and have known vascular disease in your lower extremities, it is critical that your orthopedic surgeon and vascular surgeon communicate directly before surgery. Equally important, in such high-risk vascular patients, the orthopedic surgeon should not use tourniquets during the procedure.
Other Red Flag Complications
- Improperlysized or malpositioned implants can cause instability and early failure.
- Deep infection often requires painful and costly revision surgeries.
- Nerve damage leads to chronic pain or footdrop.
- Device recalls (e.g., Exactech, DePuy ATTUNE) include packaging or design flaws that accelerate wear or defectively designed products.
What your case may be worth
There is no onesizefitsall settlement. However, jury verdicts and settlements for knee replacement malpractice in Pennsylvania have ranged from $250,000 to well over $5 million, depending on factors such as:
- Cost of revision surgeries and lifelong care
- Degree of permanent disability (Ex: amputation)
- Lost wages and future earning capacity
- Pain, suffering, and loss of life’s pleasures
Pennsylvania’s Statute of Limitations on Knee Replacement Malpractice
Most victims must file suit within two years of discovering their injury. A claim may never be filed more than seven years after the negligent act, with limited exceptions for minors and cases involving a foreign object left in the body.
Don’t wait: Medical records disappear, memories fade, and missing the statute of limitations means losing your right to compensation.
How Our Knee Replacement Malpractice Lawyers Can Help
- Independent medical review: Our experts pinpoint breaches of the standard of care.
- Economic damages analysis: Our experts quantify future costs.
- Negotiation & trial: Our team of skilled trial lawyers work up your case and position it for successful settlement or trial. Our recordsetting verdicts make insurers take notice.
Frequently Asked Questions (FAQs)
Can I sue if the hospital used a recalled knee implant?
Yes. Product liability claims may be filed alongside malpractice claims when a device recall contributes to failure.
How much time do I have to decide?
Pennsylvania gives most adults two years under the statute of limitations, but the sooner you act, the stronger your evidence will be.
What if I needed an amputation?
Catastrophic injuries substantially increase case value because they involve prosthetics, home modifications, and loss of earnings. Our attorneys work with prostheticcare experts to document these costs.
Do you handle cases outside Pittsburgh?
Yes. We litigate medical malpractice cases statewide.
Get a Free Consultation
If your knee replacement left you worse off, call 4122814200 or use our online form for a free case review. As one of Pittsburgh’s best medical malpractice law firms, you can rest assured you’ll get what you are owed.