What to Do After a Defective Hip or Knee Replacement

Hip and knee replacements are meant to restore mobility and reduce pain — not create new problems. Yet thousands of Americans each year experience complications or outright failures from defective implants. Whether due to poor design, faulty materials, or inadequate testing, these failures can lead to additional surgeries, infections, and lifelong pain.

If you or someone you love has suffered from a failed hip or knee implant, it’s important to understand your rights and take action early. At Lardiere McNair & Stonebrook, Ltd. LPA, we represent individuals across Ohio who have been harmed by dangerous and defective medical products.

Recognize the Warning Signs

Not every ache means a product failure — but certain symptoms may signal something more serious. Common red flags include:

If you notice any of these symptoms, contact your surgeon immediately for evaluation — and document everything.

Preserve All Medical and Device Information

Keep every document you receive from your doctor, hospital, or manufacturer. This includes:

These records are crucial to identify which product was implanted and whether it’s part of a known defect or recall.

Avoid Signing Anything Before Speaking to an Attorney

Manufacturers and insurance carriers may reach out quickly, sometimes offering to pay for “corrective surgery” or provide a small settlement. Accepting or signing anything too early can limit your legal rights.
A qualified product liability attorney can help determine whether your claim falls under:

Act Quickly — Time Limits Matter

In Ohio, product liability claims generally must be filed within two years of when you knew or should have known of the defect or injury. Evidence like the defective implant itself or surgical hardware must be preserved properly to build a strong case.

If you’ve already undergone revision surgery, ask the surgeon or hospital to retain the explanted device — it can serve as critical evidence.

Understand What Compensation May Cover

A successful claim may help recover:

Each case is unique, but an experienced legal team can help evaluate the full scope of your losses.

You’re Not Alone

From the DePuy hip recall to Zimmer and Stryker knee implant issues, manufacturers have faced lawsuits nationwide for failing to ensure patient safety. Our firm monitors recalls, FDA safety updates, and emerging litigation trends to protect clients’ rights when medical devices fail.

Chad M. Stonebrook, Esq. is a Partner at Lardiere McNair & Stonebrook, Ltd., LPA.

Disclaimers: Artificial intelligence is used as a tool to supplement, enhance, make suggestions, and generate blog language from the thoughts, ideas, and opinions of our human lawyers. The final product is reviewed and edited by an attorney.

The information presented here has been prepared by Lardiere McNair for promotional and informational purposes only and should not be considered legal advice. This information is not intended to provide, and receipt of it does not constitute legal advice. Nor does the receipt of this material create an attorney/client relationship. An attorney client relationship is not established until such time as Lardiere McNair enters into a written engagement agreement with a specific client for a specific legal matter.

Understanding the Difference Between a Living Will and a Health Care Power of Attorney

At Lardiere, McNair & Stonebrook, estate planning is a significant part of our practice. Our estate planning attorneys have many years of experience and are ready to help you build your Estate Planning Portfolio to meet your specific needs.

When planning for the future, it’s important to consider not only how your assets will be distributed but also how your medical decisions will be handled if you are unable to communicate them yourself. Two essential estate planning tools—the living will and the health care power of attorney—serve distinct yet complementary roles in protecting your health care wishes.

What Is a Living Will?
A living will is a written legal document that outlines your preferences for medical treatment if you are terminally ill, permanently unconscious, or otherwise unable to make your own medical decisions. It typically addresses life-sustaining interventions such as mechanical ventilation, artificial nutrition, hydration, and resuscitation. This document ensures that your physicians and family understand your wishes regarding end-of-life care.

What Is a Health Care Power of Attorney?
A health care power of attorney (also known as a medical power of attorney or health care proxy) authorizes a trusted individual—called your health care agent—to make medical decisions on your behalf if you become incapacitated. Unlike a living will, a health care power of attorney applies in a wide range of medical situations, not just end-of-life circumstances. Your agent can consult with medical professionals, review treatment options, and make real-time decisions consistent with your expressed values and goals.

Key Distinctions

Why You Should Have Both Documents
Together, these two documents form the foundation of a comprehensive health care plan. A living will provides clarity and direction, while a health care power of attorney provides flexibility and advocacy. Having both ensures that your medical choices are respected and that your loved ones are not left making difficult decisions without guidance.

Consult an Attorney for Guidance
Because each state has specific requirements for advance directives, it’s advisable to work with an experienced estate planning attorney to ensure that your documents comply with applicable laws and accurately reflect your wishes. Properly drafted and executed, these tools offer peace of mind—for you and for those who care for you.

For assistance creating or updating your living will,  health care power of attorney, or any other estate planning documents, contact us at 614-534-1355 to schedule a consultation with one of our attorneys. We look forward to speaking to you.