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How Long Can You Wait to File a Lawsuit After a Failed Hip Replacement?

07/30/2025 |

Hip replacement is a major surgery that necessitates a significant recovery period. You expect and hope it will be successful the first time. However, hip replacement failures are not uncommon. 

If you suspect your hip replacement has failed, you should consult a hip replacement attorney as soon as possible. Your deadline for filing a lawsuit varies from state to state, and can depend on factors such as when you discovered the problem. 

Contact an experienced Chicago personal injury lawyer from Meyers & Flowers Trial Attorneys today to learn your options and protect your rights. Call (630) 576-0528 or visit our contact page and schedule a free consultation. 

What are the Signs of a Failed Hip Replacement?

You must know what to look for after having hip replacement surgery. Some of the signs that may indicate a failed hip replacement include:

  • Pain at the implant site.
  • Swelling of the leg or implant site.
  • Pain when moving your leg. 
  • The feeling of instability in your hip.
  • Pain in your abdomen or groin area.
  • Inflammation at the implant site. 
  • Stiffness and restricted range of motion.
  • Clicking or popping noises.
  • Leg length difference. 
  • A weakness that makes it difficult to walk or climb stairs. 
  • Any signs of infection.

What Is the Statute of Limitations in Illinois for Filing a Failed Hip Replacement Lawsuit?

Most hip replacement lawsuits involve a product liability claim due to the failure of the implant. However, you may also have a claim for medical malpractice against your surgeon or medical team. 

The statute of limitations for a product liability claim in Illinois is generally two years. However, you may be able to bring a claim within two years after the date on which you knew or should have known of the existence of your injury. However, you are barred from bringing a suit after eight years from the date of your injury. 

The statute of limitations in Illinois for a medical malpractice claim is also two years from the date of your injury. In some cases, you may have longer to bring a medical malpractice claim, such as if you did not discover your injury until later. However, you are barred from bringing a medical malpractice claim in Illinois after four years. 

There are rare exceptions to these statutes of limitations, such as in cases involving minors, fraudulent concealment, or a disability that prevents an injury victim from filing. You should promptly consult an experienced hip replacement lawyer to understand your filing deadline and the options available to you. 

What Should I Do If I Suspect My Hip Replacement Has Failed?

If you observe any of the signs listed above or have other concerns, you should immediately seek medical attention. You should also document your experience, including the severity of your pain, its impact on your daily life, the frequency of your symptoms, and any notable health changes you experience. Additionally, you should promptly consult an experienced hip replacement lawyer to help protect your rights. 

Contact Meyers & Flowers Trial Attorneys Today

If you have had a hip replacement that you suspect is failing, you should seek immediate medical attention. You should also consult an experienced hip replacement attorney in Chicago promptly. 

At Meyers & Flowers, our attorneys have helped recover over $6 billion for our clients, and we can help you get the justice and compensation you deserve. Call (630) 576-0528 or complete the short form on our contact page and schedule a free consultation. 

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