Recently, a new client asked if he had legal recourse upon finding out that his previous hip replacement was done incorrectly. That question underlines the importance of hiring lawyers and a law firm that are diverse and experienced within a broad category of what is considered a single practice area, like litigation.
The person whose hip is injured in the car accident is seeking compensation for all damages flowing from the accident which is the precipitating cause of the need for treatment. The car accident also aggravated a preexisting condition possibly on a permanent basis, which is as compensable as any other injury.
However here may also be underlying medical malpractice or product liability issues relating to the placement and functioning of the hip replacement.
A decision needs to be made by the injured party as who to make a claim against, the driver, the doctor, the manufacturer of the prosthetic device? Is a single attorney competent to handle issues of vehicular negligence, medical malpractice and product liability? How are fees handled?
Or, should the accident lawyer anticipate that the lawyer for the other driver and insurance company will raise these other factors as a defense to the injury claim or even bring the claim against doctor or manufacturer as part of the defense of the case.
This is an example of how what seems a simple accident case can involve the need for considerable and broad ranging experience in dealing with the multiple issues that can arise.