When you undergo surgery, you trust that the medical device implanted in your body is safe and effective. Unfortunately, this is not always the case.
People that have had procedures for a hernia mesh implant have encountered defective materials used in their surgery. These faulty products have resulted in several health complications. Patients have suffered chronic pain, infections, and intestinal perforations. In many cases, defective hernia mesh implants have required patients to undergo additional procedures to remove or replace their original device.
The medical complications, mental and emotional effects, and financial burdens that come with this type of experience can feel debilitating. People that have been affected by faulty hernia mesh are seeking retribution by filing personal injury lawsuits. The process can be difficult to navigate.
There are a Few Key Aspects of the Lawsuit Process:
Contact an Attorney
The first step in the process is to reach out to an attorney. The months and years after surgery can be a stressful time for victims. If you are experiencing any health complications from your procedure, it’s important to focus on your well-being before taking legal action. Once you have sought medical attention, contact a personal injury firm like Rosenfeld Injury Lawyers that specializes in hernia mesh cases.
They will assist with all components of litigation including gathering evidence and negotiating settlements with manufacturers, hospitals, or surgeons involved in the case. An experienced attorney understands how emotional this experience can be for their client and knows when it’s necessary to take a firm stance against all responsible parties.
Gather Evidence & Build Your Case
Your attorney will begin working on your case by gathering evidence. They will first confirm that you underwent surgery with a defective hernia mesh implant and received proper medical treatment for any complications. Their team of investigators may visit the hospital where you had your procedure to review their records and interview staff members about the process.
They will also order all relevant documents from manufacturers or distributors of the product you received in surgery to find if there have been other issues reported from patients using similar devices.
Your attorney may even hire an expert witness to testify at trial in support of your case against negligent parties like hospitals, surgeons, or manufacturers responsible for selling faulty products. If they determine that several people have experienced health problems as a result of these products, they may move to file a class-action lawsuit.
You can play a part in this process as well. If you have any personal medical records, photographs, videos, or testimonies that may help with the case, be sure to provide these to your attorney.
File A Claim
In order to move forward with a personal injury case, your legal team will first create and submit a claim letter. This document provides an overview of the circumstances surrounding your procedure along with evidence supporting why you are filing suit against negligent parties.
It may also contain financial documentation outlining any damages caused by medical complications such as medical bills, lost wages from missed workdays at your job, or emotional distress suffered since surgery.
The claim letter is sent to all responsible parties involved in the suit including manufacturers of faulty products, hospitals where surgeries were performed, surgeons that conducted procedures using defective hernia mesh implants, and insurance providers for these organizations. If they cannot reach a settlement agreement during this phase of litigation, then it’s possible that formal court proceedings will begin.
Negotiate a Settlement
If the defendants can be convinced that they have a weak case, your attorney may try to negotiate a settlement. This allows both sides to avoid costly and time-consuming litigation. A successful negotiation will result in an agreement where the defendant pays damages to the plaintiff without having to go to court.
This outcome is beneficial for all parties involved as it saves the defendant from further negative publicity and gives the plaintiff some financial relief for their suffering. However, if the defendant refuses to offer a fair settlement or continues to deny any responsibility for faulty hernia mesh implants, your case will move forward to trial.
If you and your legal team are unable to reach a settlement agreement with responsible parties, then it’s likely that your case will proceed to court. This process can take several months or even years, so it’s important to be patient as your attorney fights for the best possible outcome on your behalf.
During court proceedings, all evidence gathered by your legal team will be presented to a judge and jury who will decide if you are eligible to receive damages from negligent parties. If they rule in your favor, you may be awarded a settlement for legal fees, medical fees, and other damages.
Filing a personal injury lawsuit for a defective hernia mesh implant can be a long and complicated process. However, with the help of an experienced attorney, you can hold negligent parties responsible for their actions and receive the financial compensation you deserve.