Statute of Limitations to File a Spinal Implant Defect Case

Under California law, those who were injured by a defective spinal implant or an implantation procedure have between 1 and 3 years to file a claim for monetary damages. This time period starts from when the injury occurred, or whenever the victim learned about the injury. The actual amount of time is based on multiple factors that have to do with your case, including the entity that’s liable for the harm you suffered.

When you choose to get a spinal implant, you are obviously relying on your doctor to advise you on the pros of cons of having this type of device in your body. You also rely on your surgeon to exercise due diligence and ensure that the surgery is performed in a safe and responsible manner. Finally, you depend on the manufacturer of the implant to honestly disclose potential risks and side effects associated with their product.

Unfortunately, any one of these entities can fail in their duty of care to the patient, which makes them liable when someone is injured from a spinal cord stimulator or vertebral implant. If you are left with painful and debilitating complications from a medical device, learning about your legal rights is crucial to obtaining compensation from the responsible party. Contact Kenmore Law Group today to receive a free consultation from one of our attorneys.

Who can I Sue for a Defective Spine Implant?
For injuries caused by a spinal implant, you generally have the option of suing the manufacturer of the device or the healthcare provider that performed the implantation (and possibly the medical facility).

So, let’s look at the first party – the implant manufacturer, as they are responsible for manufacturing, designing, and marketing the device. Defects can happen due to a wide variety of causes, ranging from trying to rush out a product, not taking the right steps for quality control, and failing to ensure that the product meets FDA safety regulations. Some of these companies also fail to disclose important information, such as long-term side effects of having a spinal implant. These are some of the issues that can form the basis of a lawsuit against a spinal implant manufacturer.

The other party you may need to sue is the healthcare provider, like the surgeon that performed the operation. That means you will need to file a medical malpractice claim against a medical professional and/or the facility they work for. With these cases, you are required to establish: 1) the doctor or facility failed to provide a standard of care that would be expected from a healthcare provider under the same circumstances; or 2) the medical professional did not warn you of associated risks and complications from having surgery or using a spinal implant device.
The Deadline to Seek Compensation from a Medical Device Manufacturer
Under California law, injury victims normally have a period of 2 years to seek medical expenses, pain and suffering, and other monetary damages from a product manufacturer. The two-year window starts on the date that the injury occurred, or when the plaintiff found out or should reasonably have known about it. It’s understandable if you are confused at this point regarding how long you have for a defective spinal implant lawsuit. Don’t worry, since our lawyers are here to provide you with answers 24 hours a day, 7 days a week.

If you wait until the statute of limitations is expired to file a claim, the court is likely to dismiss your case. There are very few exceptions to the standard deadline of 2 years, so please don’t delay in calling us and starting the claims process.

How Long Do I have to File my Spinal Implant Defect Case?
If you are a victim medical malpractice, the answer to this question is 1 or 3 years, depending on the type of malpractice that caused you to be injured. We would say that the vast majority of claims need to be filed within 1 year from when the injury was inflicted or when the patient received a diagnosis / discovered that they were injured from a spinal implant procedure. But there are circumstances, like intentional concealment of wrongdoing, where the patient has 3 years to file a lawsuit.

No matter the issue, make sure to consult a medical malpractice lawyer as soon as possible. That way, you can ensure that your case is property investigated and the necessary documents for a liability claim are filed by the correct deadline.
Contact Kenmore Law Group
Spinal implants have the potential to cause serious harm, including severe pain, burns, and irregular heartbeat. If negligence by another party is the reason you are left with complications from a spine implant, we can help you obtain compensation for your medical bills, lost wages, and other monetary losses.

The spine implant defect lawyers of Kenmore are with you every step of the way on your journey to physical, mental, and financial recovery. Our commitment to you includes the Zero Fee Guarantee, a policy where you can hire us to handle your claim for $0 upfront. Once your settlement is paid by the defendant, a percentage will go towards covering our legal fees. If you don’t receive payment from a successful case, you owe us $0 for the cost of representing you.

A free consultation on your rights and legal options is just a phone call away, so please contact us as soon as possible.