So many hip implants are failing and now more than ever we need ask whether doctors should be held responsible for the injuries these implants cause. Should we hold our doctors responsible for feeding corporate America’s medical device manufacturers? Should there be better safeguards in place to avoid doctors from being lobbied by large manufacturers? As these cases continue to proceed further into litigation the roll doctors played is becoming more and more prominent. In certain cases doctors ignored the potential failure rates and still advised their patients to receive the hip.
Why Doctors Are Able to Get Away With This
There is a simple explanation for why doctors are able to get away with this, economics and not the economics you are thinking. Instead it is the economics from the plaintiffs attorney side. As a plaintiff’s attorney we work on a contingency fee basis. What this means is that you owe us nothing if we are not successful in winning a securing a settlement.
Since pursuing a medical malpractice can be both timely and extremely difficult, many attorneys shy away with pursing a potential medical malpractice claim for a DePuy hip implant
. Instead they focus on a product liability claim against the manufacturers of the product.
Another reason is because the statutory period for filing a medical malpractice claim is one year in California. Many times this statute has already expired by the time the device fails and your right to sue is essentially extinguished. Unfortunately this is a common occurrence and can impact
Holding Manufacturers Responsible
Manufacturers are responsible for injuries which are caused by the use of their products. Manufacturers which produce a product that later becomes defective will be held liable for injuries sustained. What this means is that a manufacturer that puts into the stream of commerce any product that is defective is liable to the end user for injuries.
Since these hip implants fail and cause a host of different issues the manufacturer is held responsible for the injuries and or damages caused. They will be held accountable for harm you have suffered as a result of their negligence.
Medical Malpractice in Medical Devices
In addition to filing a product liability claim against the manufacturer of the DePuy Hip Implant, our medical device attorneys will hold all doctors and health facilities liable for damages arising out of their surgical malpractice of the implant. A physician commits medical malpractice when they fail to provide a standard of care commensurate with others in their profession. With respect to DePuy Hip Implants, doctors must follow a standard of care prescribed by industry standards. Malpractice examples include
- Surgical errors
- Failure to diagnose
- Delayed diagnosis
- Anesthesia errors
If you have suffered from your DePuy Hip Implant, contact our offices to schedule a free case evaluation.