How to Prepare for Your Legal Consultation
Before you call, it will be helpful to think about questions you may have regarding the litigation, and to gather supporting documentation about your medical condition and knee and hip replacement surgery. This can help make your defective device case review more thorough and informative.
Your initial consultation is an important first step. Our lawyers want to meet you and get to know the details of your circumstances. This gives our attorneys a chance to gather the information they need in order to determine how to best proceed on your behalf.
Please be prepared to discuss the following questions when you meet with one of our lawyers for your free case review:
- When and where was your knee or hip replacement surgery?
- Who performed your surgery?
- What brand or model of knee or hip replacement did you receive?
- What did your medical provider do to prepare you for surgery?
- What type of medical device warnings did you receive prior to surgery?
- What was your surgical recovery like?
- Describe your current pain symptoms resulting from knee or hip implant surgery.
- How are you treating those symptoms?
- Did your doctor ask you to sign any documentation regarding your knee or hip implant? [If this happens, don’t sign anything.]
- Have you visited an orthopedic surgeon since your knee or hip replacement surgery to determine if your injuries are related to a defective knee or hip?
Notes and Documentation
In the days before your attorney consultation, it may be helpful to keep a personal log noting anything you may find relevant to your case. This can be a place for you to document pertinent details such as past visits to any medical facilities and the names of the doctors or specialists in primary control of your care. Keep in mind that other medical documentation, emails, letters, bills and any other records or communication regarding your knee or hip replacement can be useful to our attorneys.
How to Order Your Surgery Records
Before we know whether we can take on your claim, we must know what type of knee or hip device you have. Unfortunately, not everyone who has problems with their knee or hip replacement automatically has a claim. We must figure out whether your device is among those that we believe we can prove to be defective. If we do not represent you, we are not able to request your records on your behalf. You, as the patient, have the right to request copies of your surgery records. Here are some general tips for how to order your surgery records:
- Most hospitals have a release form that you will need to fill out to request copies of your surgery records. This is in accordance to HIPPA privacy laws, so it is for your own privacy and protection. They want to verify that the requester of these documents is authorized (which you are, since you’re you!).
- This release form can often be found online if you go to the hospital’s website and search for “records,” “authorization,” or some combination of the two. If you cannot find it online or do not have internet access, you can call the facility and they will usually offer to mail you one. **If you are close to the facility, it sometimes works better to go there and fill out the release form there. That way, you can return it to them before you leave and ask any questions you may have. Facilities have different authorization forms, so we are not able to tell you how to answer every question. Keep these things in mind when you are filling out the authorization forms, and call us or the facility if you have questions about any of the other parts:
- Enter your name, address, phone number, etc. when it asks for it. If it asks to whom you want the information released, say yourself. If it asks for an address for the records to be sent, fill out your address again.
- If asked, specify how you’d like to receive the records (mail, pick-up, etc.). If it isn’t clear how they plan to get them to you, call them and ask what their process is.
- It will ask you which records you are requesting. Unless you have a reason to request more, ask for your operative report and implant list. If they are not options, write them in. **We recommend only requesting those two documents, since that is all we need to find out what type of knee or hip was used. Many facilities charge by the page, which isn’t expensive if you only order these two things.
- It will likely ask you your dates of treatment. Fill in the time period you were in the hospital for your knee or hip surgery. If you aren’t sure of the exact date, estimate a time range and write “knee surgery” or “hip surgery.”
- It will also likely ask you to specify the reason you are requesting the records. Fill in “personal use.” We will not be using these in litigation even if we do take your case. This is just for you to find out what type of knee or hip device you have. If personal use is not an option, you should be able to write it in.
- Do not forget to sign and date. It might ask you when you want the authorization to expire. You do not need to fill that out unless you want to. If you do, do not write in a date in the near future.
We recommend calling the facility before you send in the authorization and asking them any questions you may have about filling the form out. It is also helpful to confirm:
- How/where to send the form
- Whether they need photo ID
- If/when you will be billed
- How will you know when they are ready
- If there is anything else you should know before sending the form
GoldenbergLaw is on Your Side
GoldenbergLaw, PLLC, is a national products liability and personal injury law firm located in Minneapolis, MN. Our attorneys have successfully handled defective device and drug cases for over 30 years throughout the nation. We have obtained many millions of dollars in settlements for dangerous and defective knee and hip implants, drugs, products and other devices. Manufacturers have a duty to create products that are safe when used in a way that the manufacturer should have foreseen. GoldenbergLaw holds these companies responsible for actions that harm your health and well-being.
Replacement knees and hips should have a lifespan of about 15 years. Despite this fact, estimations show that approximately one out of every eight knee and hip implants is defective. When you need an intelligent, compassionate attorney in the Twin Cities who handles hip recall cases, please contact our Minneapolis personal injury law firm. We are well-versed in defective medical device and hip implant litigation. Our attorneys understand the pain, frustration, and disappointment facing our clients after receiving a defective or recalled metal-on-metal hip implant. GoldenbergLaw puts a lot of time and attention into each case. We selectively choose our cases – because of this, we are able to give each client the one-on-one time they need. If you or a loved one have a recalled and/or metal-on-metal hip or if you have suffered an infection after a hip replacement, you may be entitled to compensation.