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Damages of $1.3M awarded in surgical negligence case

Technological advances in medical devices have allowed people around the country and here in Illinois to receive replacements for bad knees and hips. When all goes well, the patient's pain is reduced and range of motion is increased. Sadly, when surgical negligence occurs, a patient could end up needing additional surgical procedures and could continue to endure substantial pain and loss of movement.

In July 2010, a then 58-year-old woman suffering from osteoarthritis required a full hip replacement. The implantation of a prosthetic hip was performed and was intended to relieve the chronic pain that she was suffering. She claims that her pain actually increased after the procedure. Approximately 14 months after the first procedure, she had to undergo a second surgery to correct the problem.

After the second surgery, the out-of-state woman obtained substantial relief from her pain, but says that she has lasting effects from the mistakes made in the first procedure. For his part, the surgeon blamed the manufacturer for the woman's issues after the first surgery. The company did have to recall the components used in the first procedure in 2012. However, the jury did not agree with his assessment and awarded the woman a total of $1.3 million in damages.

Surgical negligence can deprive an Illinois patient of the relief that is supposed to come with the procedure. Establishing to the court that the patient did not receive the standard of care set by the medical industry could result in an award of damages. Any restitution received might help with the financial burdens -- both current and future -- that arise in the aftermath of a botched surgical procedure.

Source: brooklyneagle.com, "SKETCHES OF COURT: Jury awards plaintiff $1.3M in medical malpractice trial", Alba Acevedo, April 19, 2016

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