If you have a hip replacement that fails, you need to understand why. If you believe that the failure was due to a defective hip implant or your surgeon’s negligence, you may have the right to recover compensation for your damages.
In addition to the unnecessary pain and distress, a second surgery will be expensive and require additional down time for another recovery. Filing a lawsuit may be the only way to recoup medical expenses, medications, treatments, lost wages, pain and suffering, and injuries to your quality of life after a hip replacement failure.
An experienced Chicago injury lawyer can help determine whether your claim is based on a products defect claim or a medical malpractice claim, or both.
What Is a Hip Replacement Lawsuit?
A hip replacement is a surgical procedure that removes damaged hip bone and replaces it with a ball-in-socket joint implant made of metal, plastic, or ceramic. Hip replacements are usually suggested by a physician when a patient suffers from hips that have been damaged from arthritis, aging, and injuries. If the implant fails due to the negligence of a surgeon, medical facility, or manufacturer, the patient may have the right to file a hip replacement lawsuit to recover damages.
The hip implant is created by a manufacturer that is responsible for creating the device in a way that works safely. Manufacturers are also responsible for warning patients about the potential side effects and to provide accurate instructions. When manufacturers fail in their duty, they can be held liable for damages suffered by the patient.
Some hip replacement devices have gone on the market without having been through FDA testing due to the 510(K) Premarket Notification Process. This is permitted if a manufacturer has previously received approval to sell a product that is similar to the new one. This process can contribute to defective hip replacement implants being implanted in patients. Hip replacement manufacturers have paid nearly $8 billion in compensation to injured patients in the two decades.
Some companies and products that have pending hip replacement lawsuits against them or have already paid out large damages include Depuy’s Pinnacle, Stryker’s LFIT V40, and Smith & Nephew’s BHR and R3 hip implant devices.
Hip replacement failure may also happen when surgeons negligently perform the hip replacement procedure. You may have a medical malpractice suit if you were injured due to a medical provider that:
- Performed unnecessary surgery.
- Gave you an incorrect diagnosis.
- Provided substandard follow up care.
- Released you from the hospital or care too early.
- Prescribed or administered the wrong medication or wrong dosage.
- Disregarded or misread test results.
- Failed to timely diagnose a medical condition that required treatment.
How Long Do I Have to File a Hip Replacement Lawsuit?
The statute of limitations for a product’s liability claim is generally two years. However, 735 IlCS 5/13-213(d) provides that the plaintiff may bring an action within two years after the date on which they knew or through the use of reasonable diligence should have known, of the existence of the injury, but in no event shall the action be brought more than eight years after the date of the injury.
The sooner you consult an experienced Chicago hip replacement lawyer, the better your chances of recovering maximum compensation.
Contact Meyers & Flowers Trial Attorneys Today
If you have suffered a painful hip replacement failure, you may be able to recover compensation for your damages. You may have a claim for a product liability suit, a medical malpractice suit, or both.
The experienced hip replacement lawyers at Meyers & Flowers have the skills and resources to help you recover maximum compensation. Call (630) 394-5189 or visit our contact page and schedule a free consultation to discuss your hip replacement claim.