The time limit to file a spinal implant defect lawsuit can range from 1 to 3 years from the date of injury, or when the defendant became aware of the injury. The variation in time limits has to do with numerous factors, including the type of lawsuit you are filing.
When you get a spinal implant, you are relying on the doctors and medical device manufacturers to do the right thing and take all the necessary measures to ensure your safety and well-being. Frankly, the average patient has no frame of reference to evaluate the safety or effectiveness of a vertebral implant or spinal cord stimulator – aside from the expertise of medical professionals.
This is why it’s essential that manufacturers and healthcare providers undertake due diligence in the design, creation, distribution, and implantation of a spinal cord device. If you were injured by a defective spine implant, keep reading to learn about the deadline to file a lawsuit, whether you have a case against the product maker or the doctor who performed the implantation procedure. If you would like a more thorough discussion on this subject with a defective medical device injury lawyer, contact us for a free consultation.
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Who is Liable for a Defective Implant?
If you sustained injuries from a medical implant, there are generally two parties you can go after in terms of filing a lawsuit.
The first party is the manufacturer of the device, who is responsible for designing, creating, and releasing a safe product on the market. Unfortunately, it’s not uncommon for these products to have design flaws or mechanical malfunctions. These problems often lead to adverse effects, including serious injuries with permanent complications that the patient could not have anticipated. Problems can also occur during the manufacturing phase due to lack of quality control and other issues, where the manufacturer is clearly at fault.
Alternatively, you may need to sue the surgeon, hospital, or another healthcare provider that was responsible for implanting the device. This is known as a medical malpractice lawsuit, and these are extremely complicated legal actions that generally require help from an attorney. To put it simply, you must prove that 1) the standard of care used by the doctor / facility in the procedure to implant the device was substandard or 2) you were not warned of potential side effects and risks of a spine implant prior to the surgery.
Statute of Limitations to Sue a Medical Device Company
The deadline for a product liability claim is generally 2 years, starting from the date or injury / accident, or whenever the plaintiff knew of or should have known about the injury caused by the product. These parameters can be confusing, so don’t hesitate to contact our law firm, where one of our legal experts can help you figure out the statute of limitations based on your circumstances.
If you try to go ahead with a product defect claim after the statute of limitations has expired, it’s more than likely that your case will be rejected by the court. That means you will not have the opportunity to seek compensation for your medical bills, pain and suffering, and other damages from a lawsuit.
How Much Do I have to File a Medical Malpractice Lawsuit?
For a case of medical malpractice, you normally have 1 year from the date of injury or discovery of injury to file a legal action against the medical provider that failed you in their duty of care. But there are situations where the statute of limitations is extended to 3 years, which is why you should speak with a lawyer to confirm the deadline for an improper surgical procedure lawsuit.
As we mentioned before, it’s imperative that you initiate a claim before the statutory deadline, no matter what type of lawsuit you are filing. Our medical malpractice attorneys are here to guide you through the process and ensure that you are properly compensated by the responsible party.
Contact Normandie Law Firm
The physical and mental agony of living with a defective spinal implant is not something anyone should have to deal with. That’s why there are laws in place to help those who were victimized by negligence or deliberate misconduct by medical experts and device manufacturers. However, asserting your rights and succeeding in a spine implant defect claim is extremely challenging for the average patient.
With the medical device failure attorneys of Normandie by your side, you can receive compensation for the harm you suffered. All legal fees, by the way, are collected at the end of your case, and only if we secure a settlement or jury verdict in your favor. That means you pay nothing upfront for legal fees, and with the Zero Fee Guarantee, you owe us nothing in the event we fail to win your case.
For more information on suing for injuries caused by a defective spinal implant, contact our office today.
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