can I sue a manufacturer of broken screw in neck .

I had fusion surgery in neck and upper back to repair something that had not worked from a previous fusion.doctor informed me that a screw had broke and it didn’t heal right.It has been a bumpy ride and I was scared to go back because he did a front neck surgery that did not fix the issue and I had to go a second surgery 2 weeks later through my back of my neck.I AM TRAUMATIZED AND TRIED TO BE OPTIMISTIC BUT AFTER GOING AND HAVING AN XRAY.I WAS TOLD THAT THEIR WAS A SCREW BROKE AND IT STILL DID NOT GET FIXED.What can I do legally?It is 2018 and the 2 surgeries were in 2011.The first 2 were done by his partner.I am terrified…Can I sue?/Barbara Duing

Asked on April 2, 2018 under Malpractice Law, Missouri

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Unfortunately, it is too late to file a lawsuit against the manufacturer of the screw because Missouri has a five year statute of limitations for filing a lawsuit in a product liability(defective product) case.  Since the surgery was seven years ago, you have missed the five year statute of limitations for filing a lawsuit against the manufacturer of the screw. Your lawsuit is barred by the statute of limitations. 


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