QUESTION
How do I go about suing for a failed hip implant?
Asked on May 10th, 2013 on Personal Injury - Iowa
More details to this question:
I had a hip replacement in December 2006 since then I went to have a revision done 4 years after on that hip. I've been in contact with 2 law firms advertising for this problem. No success! They both declined representation because it was a metal on plastic implant. However, I feel that there's something that could be done. Thanks for your time.
12 ANSWERS
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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Medical Product Liability cases are complex and are best handled by attorneys who have experience in handling them. If such attorneys suggest they can not take your case, there is a reason for that. You could/should ask the reason. It could be that such implants have not been found to be defective. It could be that such a case will require expensive testing of your/similar implants to determine if there is a defect, and if there is, then require expensive expert/engineering testing/studies to prove the defect and that there were suitable alternatives. It could be that your damages are not economically significant enough to warrant the expense in investigating/pursuing such a case. It could be because the law in Michigan limits product liability law suits and the damages that can be requested. In short, there are a # of reasons that your case could be problematic. Further, you can get a 3rd or 4th opinion on the issue if you believe the input from the lawyers you've consulted is insufficient.
Answered on May 14th, 2013 at 7:15 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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All you can do is keep asking. I have a sneaking suspicion that the statute of limitations may have run.
Answered on May 14th, 2013 at 5:31 AM
See if those two firms can refer you to a local attorney who handles such cases. Otherwise, start calling medical malpractice firm to see if they will handle it. You would have one year from the date of the malpractice or when you should have known about it to file suit.
Answered on May 14th, 2013 at 5:12 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You probably have to keep calling firms until you find one willing to do it. It is possible that implants such as yours have already been determined to by non-defective.
Answered on May 10th, 2013 at 2:34 PM
James Eugene Hasser
The hip implant cases involve metal on metal hips. You may have had a bad installation problem, but in Alabama, your time has run to sue. Good luck.
Answered on May 10th, 2013 at 2:23 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Malpractice is always a doctor call. If you have a doctor who says this is malpractice and that he will testify for you you have the start of a case. If 2 firms have turned you down it would appear you do not have a case.your opinion count s for nothing.
Answered on May 10th, 2013 at 2:13 PM
1 Award
The only thing you can do is keep asking other law firms who advertise for this type of case to look at your potential case. If all of the lawyers tell you that you do not have a case, then I think you should tell yourself that you have done all you can do to investigate your potential claim. If your claim is a good one, a law firm would take it to make money on your case. If the law firms are telling you they do not think your case is a good one, it probably isn't. I do not handle cases like yours, so I cannot weigh in on the merits of your potential case.
Answered on May 10th, 2013 at 1:37 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Actualy, you are already doing what I would have advised you to do, which is to find a firm that is already handling this type of case. You found two, maybe there are more. Keep trying.
Answered on May 10th, 2013 at 1:35 PM
Civil Litigation Attorney serving Savannah, GA
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Lueder, Larkin & Hunter, LLC
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Please understand that my response to your inquiry does not in any way create an attorney/client relationship between us. I'm sorry you have had such a bad time with your hip. Unfortunately, I am not handling any of the hip implant cases. My advice is to keep calling law firms who advertise that they handle these types of cases. In most cases, those firms are educated on which types of implants are a part of the litigation. I'm sorry I cannot be more of a help. Best of luck to you.
Answered on May 10th, 2013 at 1:30 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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For medical malpractice you generally only have one year to sue (with a possible 90 day extension). I think that's your bigger concern at the moment.
Answered on May 10th, 2013 at 1:30 PM
Ronald A. Steinberg
You need a qualified doctor and probably a qualified engineer who will testify that your problem is resulting from a defective medical product, and/or that it was installed improperly Without the proper experts, you are going to lose. A bad result does NOT mean that anyone screwed up.
Answered on May 10th, 2013 at 1:30 PM
You have a good question and deserve an answer, but this format is too general to give you a very good answer. You need to keep searching for the right law firm to research your problem. Good luck!
Answered on May 10th, 2013 at 1:28 PM