Can I sue doctor or implant company regarding the trouble that I have had?

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Can I sue doctor or implant company regarding the trouble that I have had?

I got solid silicone butt implants 8 years ago and 3 years ago the left implant moved to the right side. So I had 2 implants on 1 side. I had it fixed and put back on the correct side. Ever since then I have had no life at all – cannot run, ride a bike, ski, go on a roller coaster nothing because of the discomfort and fear they would move again. This week the implant has started breaking into pieces like pretty much dissolving. I have 4 pieces just moving around my butt and causing major pain. Will have to have them removed now and pay for more surgery to remove them and miss that much work. Can the doctor or company be liable for this? I am suffering. The implant was supposed to last forever.

Asked on July 27, 2015 under Malpractice Law, North Carolina

Answers:

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

Answered 6 years ago | Contributor

Medical malpractice is negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).  

The manufacturer of the implant is liable for negligence and strict liability.  Negligence is the failure to exercise due care to manufacture a product that is not defective.  Strict liability imposes liability whether or not due care was exercised.

Prior to filing a lawsuit against the doctor and implant manufacturer, it may be possible to settle the case with their insurance carriers.  Your claim filed with the doctor's malpractice insurance carrier and the implant manufacturer's insurance carrier should include your medical bills, medical reports, and documentation of any wage loss.

Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.

If the case is settled with both the doctor's insurance carrier and the manufacturer's insurance carrier, NO lawsuit is filed.

If you are dissatisfied with settlement offers from the insurance carriers, reject the settlement offers and file one lawsuit naming both the doctor and manufacturer as defendants.

As mentioned above, the causes of action (claims) in your lawsuit would be negligence against the doctor; negligence and strict liability against the manufacturer.

If the case is settled with one but not both parties' insurance carriers, only name the party with whom the case has NOT settled as a defendant in your lawsuit.

If the case is NOT settled, your lawsuit must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

 


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