Can I sue for product liability if screw heads brake off after 3 months inmy broken leg.

Business 5 views 6 answers
I broke my leg and the Dr put two plates and 12 screw's after three months the head's broke off of 6 of them causing the leg to rebreak and to have more surgery to repair the damage

Attorney Answers

6
Daniel Deasy ·
These are tough cases. You can talk to a personal injury attorney hat has dealt with failed surgical implant cases. They are rally pricey and most attorneys I know are unwilling to take them unless the client fronts the costs to litigate.
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Adam A StudnickiPersonal Injury LawyerScottsdale, AZ ·
It is possible, but more information is needed. Talk to a local products liability lawyer, who can investigate and advise. Injury lawyers provide free initial consultations. Be well.
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Matthew Holland ·
I would recommend you consult with a local attorney in short order. Your potential claim raises issues implicating medical malpractice and product liability. Depending on your jurisdiction, the deadline to file a claim may be as soon as a year from the date of injury. The attorney you consult will be interested in knowing (1) the date the plates and screws were inserted; (2) the name of the surgeon; (3) how you came to believe the screws had broken; (4) what caused the subsequent fracture; (5) who is going to perform the subsequent surgery; and (5) what are the estimated costs of the subsequent surgery and length of rehabilitation. As long as you had been compliant in following doctor's post-surgical orders with respect to any limitations on physical activity, it seems you would have a very legitimate claim. Time is of the essence and you should speak with an attorney soon and she/he may require some time to investigate further prior to committing to represent you.
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Dennis Stevens ·
It sounds like you have had a very agonizing experience. There are fewer personal injury lawyers taking medical malpractice cases because of doctors', medical device companies', and insurance companies' successful purchasing of legislation that limits the ability of injured victims of medical errors and product defects to recover in court for their injuries. However, there are those that do, despite the often cost-prohibitive barriers in many cases. I strongly suggest that you seek out a medical malpractice lawyer that is a member of the Texas Trial Lawyers Association. If they cannot help you with the case themselves, they can likely refer you to an attorney that handles cases involving the types of orthopedic surgical implants that it sounds like you have had a terribly harrowing experience with. In order to adequately explore your legal options, you need to have a confidential consultation with and get actual legal advice from an attorney that practices representing those that have suffered with medical procedures gone bad as a result of medical errors or defective medical devices.
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Brian Loncar ·
We discussed this post and it seems like if there was the possibility of a lawsuit it would likely have to be the surgeon to file it against the device maker. Since the Physician is using the device in his practice. Have you discussed the issue with your physician? It is their work they want to insure is quality... May want to start there...
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