Hip Replacements Gone Wrong: Lawsuits and Settlements in New Mexico

By Brian Egolf

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Personal Injury

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Last Modified on Mar 26, 2026

A hip replacement is a common surgery to help reduce pain and improve mobility, but what happens when hip replacements go wrong? There are many risks to this kind of surgery that may result in severe pain or even injury. If there are signs of medical malpractice, you may be able to take legal action and receive a settlement for your injuries. If you have experienced medical malpractice after a hip replacement, hire a medical malpractice lawyer today.

What Is the Function of Hip Replacement Surgery?

Hip replacement surgery involves removing part or all of the hip joint and replacing it with prosthetic components to restore mobility and reduce pain. Patients can get this surgery because pain in their hip disrupts their day-to-day life functions and pain medication does not work anymore. Hip replacement surgery is mostly successful, but there may be some risks that arise after surgery and during recovery.

Rates of Medical Malpractice

According to a 2025 study, total joint arthroplasties, such as hip replacements, are the most common surgeries associated with medical malpractice. Many of the cases reported nerve injuries as the reason for a personal injury case. Negligence for the total joint arthroplasty cases was mostly because of procedural errors, postsurgical errors, and not seeking informed consent from patients.

How Can You Prove Medical Malpractice in Court

In order to prove medical malpractice, the injured party must demonstrate that their provider acted negligently while providing care and that the negligence resulted in an injury. For a hip replacement, injuries that may occur due to medical malpractice include:

• Cobalt toxicity or a metal allergy
• Infection
• Frequent dislocations
• Loosening or instability
• Fracture
• Nerve damage
• Bone thinning

There are four legal elements that must be proven in court in order to secure a settlement:

1. The provider owed the patient a duty of care;
2. The provider breached that duty;
3. That breach led to an injury; and
4. That injury cost the patient real damages.

A financial settlement can be sought when these four elements can be proven. A patient is allowed financial damages for both economic loss and non-economic loss. Economic loss can include high medical bills or any sort of financial loss a patient endured because of the injury, while non-economic loss includes any pain and suffering the patient has endured due to the injury caused by negligence.

FAQs

How Can You Sue for a Bad Hip Replacement?

In order to file a claim for medical malpractice due to a bad hip replacement, negligence must be proven in court. There are four elements to proving negligence, including a professional duty owed, a breach of duty, an injury caused by the breach, and the resulting damages from the injury. Financial damages can be awarded for economic loss, such as for medical bills, as well as for the pain and suffering a patient may have felt due to an injury.

How Much Is a Settlement for a Hip Replacement?

There is no set amount for a settlement for a hip replacement. Potential settlement amounts depend on the severity of the injury and the ability to prove the elements of negligence in court.

Hire a Medical Malpractice Lawyer

If you have suffered from medical malpractice due to a hip replacement in New Mexico, the team at Egolf + Ferlic + Martinez, LLC, may be able to help. At Egolf + Ferlic + Martinez, LLC, we have extensive experience with medical malpractice cases and will be your advocate in court. To schedule a free consultation with us, give us a call or visit our office in Santa Fe. Don’t wait, hire a medical malpractice lawyer today.

About the author: Brian Egolf

Partner at Egolf + Ferlic + Martinez, LLC

Brian Egolf is a Partner at Egolf + Ferlic + Martinez, LLC in Santa Fe, New Mexico. He represents clients in personal injury, medical malpractice, wrongful death, whistleblower, and complex civil litigation matters. He is admitted to practice in New Mexico and before the U.S. District Court for the District of New Mexico. Brian earned his J.D., magna cum laude, from the University of New Mexico School of Law and his B.S. from Georgetown University’s Edmund A. Walsh School of Foreign Service.

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