Visitor Question

Doctor Error, Not Product Defect…

Submitted By: Lynn (Texas)

I filed a lawsuit against a company for product liability. My tibial stem came disconnected from the tibial plate within the first year post op. I was never pain free and questioned the doctor several times who said the plate was defective. I filed the lawsuit against the plate manufacturer and they said it was M.D. error. It has been 5 years since the surgery (but I just found out it’s doctor error). Can I still file a med malpractice lawsuit against the doctor?

The product liability case was filed within 2 years of discovering it on x-ray.

The company says it is not their product but it was the problem of the surgeon who put it in. He screwed then unscrewed the post to adjust it but changed screws and that compromised the integrity of the screw. Now can I sue the right person, the doctor? Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Lynn,

Unfortunately in the State of Texas the statute of limitations for filing a medical malpractice lawsuit is 2 years. The only exception might be if you were able to prove the malpractice wasn’t “reasonably able to be discovered” until the statutory period elapsed. That burden is a difficult one and will take very strong evidence.

Because medical malpractice lawsuits should always be handled by attorneys you would be best served by contacting an experienced personal injury medical malpractice attorney in your county. You can contact the State Bar and ask for a list of board certified personal injury attorneys and go through that list, or go online to find several you believe have sufficient experience in medical malpractice.

Make appointments with several of the attorneys. Most personal injury attorneys will not charge for an initial office consultation. Once you communicate the details of your experience you’ll know for sure what your options are and can proceed from there.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: September 5, 2012

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