How Much Time Do I have to File a Spine Implant Defect Case?

As someone who was left with injuries and adverse health conditions from a spine implant that malfunctioned, there are two entities that are generally at fault.

First, we would have to consider the device manufacturer, as they are responsible for designing a safe and reliable product that meets certain guidelines and safety protocols. So, it’s quite possible you were harmed because of design or mechanical issues during the manufacturing process. Lack of quality control or a failure by the manufacturer to disclose certain information about the device can also form the basis for a product liability lawsuit.

Other parties that may be liable for your injuries are medical professionals or facilities that were involved in the implantation of the medical device. In essence, you would need to seek damages from a medical malpractice lawsuit. Please note that these are some of the most challenging cases in the field of personal injury law, as you will need to prove one of the following:

• The healthcare provider failed to meet the accepted standard of care, meaning they did something that would not have been done by another professional with the same level of care, education, skill, etc. under the same circumstances.
• As the patient, your healthcare provider failed to fully and clearly disclose potential risks and side effects of the device and/or procedure.

The statutory deadline to sue a manufacturer for a defective product is 2 years. In most cases, the statute of limitations begins on the date you suffered the injury, or from when you became aware of the harm caused by a negligent medical device manufacturer. We know these guidelines may be confusing to you, so reach out to us here at DTLA Law Group if you need help figuring out the deadline for a spinal implant injury claim.

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.

As a victim of medical malpractice, you have 1 year to file a lawsuit from when you are injured, or when you became aware of an injury resulting from negligence or misconduct by a medical professional / facility. Keep in mind, however, that the statute of limitations for medical malpractice can be up to 3 years, based on circumstances that may exist in your case.

Please make sure to verify how much time you have for a lawsuit by speaking with a California medical malpractice attorney. Failing to initiate your claim on time means you will permanently lose the right to seek monetary damages, even if it’s clear that negligent conduct by your surgeon, healthcare facility, etc., is the reason you are injured from a spinal cord stimulator or vertebral implant.

The agony of living with complications from a defective spine implant takes a heavy toll on your finances, along with your physical and mental health. Laws exist to help victims get justice from the parties that failed in their duty of care. But the legal system is difficult to navigate, and justice can seem elusive for those who were injured by an unsafe medical device or procedure.

You can be sure of receiving the highest quality representation when you choose the attorneys of DTLA. With decades of experience in medical malpractice and medical device defect claims, you can depend on us to fight for every penny you deserve. We also take the burden of legal fees off yours shoulders with the Zero Fee Guarantee. You pay us nothing upfront, and you won’t be charged a single penny in legal fees unless we recover your settlement.

To speak with a spine implant defect injury lawyer during a free consultation, please contact our office.

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