Tag: statue of limitations

DePuy Hip Implant Claims – Is Time Ticking?

depuy hip implant recall attorneys new jersey philadelphia estatute limitationsIf you are one of the unfortunate patients who received the recently recalled DePuy Orthopaedics ASR hip implants, you are probably wondering if there are any time limits to make a claim?
Many people believe it is okay to wait until you have symptoms before making any type of claim for a defective hip implant. After all, why should you make a claim if your DePuy hip implant seems to be working and you are not experiencing hip symptoms?

In fact, most orthopaedists are advising patients to wait until they have symptoms before deciding to undergo a hip implant revision surgery. While that may or may not be sound medical advice, it is not sound legal advice for a defective DePuy hip implant claim.

Why Should I Rush to File My DePuy Hip Implant Claim?

Because you may lose your hip implant claim if you wait too long to bring it.
All states have what is known as a “statute of limitations,” which is a law that may bar any claims not brought within a certain period of time. For example, in New Jersey and Philadelphia, the statute of limitations is ordinarily two years from when a patient knew or should have known of a potential claim. If you have a Depuy hip implant, and you are not noticing any symptoms at this time, the statute of limitations may still be running on your claim as DePuy has already issued the recall notice. DePuy may try use the date of the recall notice as a statute of limitations defense.

The recall date was August 26, 2010, so DePuy may argue that any claim that has not been filed in a Court of law may be barred by the statute of limitations. What’s worse, if you began experiencing hip pain, discomfort or any other symptoms related to the defective hip implant BEFORE the recall date, DePuy may argue that your statute of limitations began running on the date you first experienced hip symptons.

DePuy Hip Implant Attorneys in New Jersey and Philadelphia

Since it is often difficult to determine when a judge or a court would decide when you “knew or should have known” that you had a defective hip implant claim or lawsuit, you should consult with a lawyer now, before time expires on your claim. Remember, the medical advice regarding a defective hip implant, re-implantation surgery, and appropriate testing for potential toxins in your blood stream will be very different than the legal advice you should be given regarding when and how to present your claim.

Contact the Mininno Law Office for a free case evaluation. A DePuy hip implant recall lawyer will take the time and give you important information about your legal rights. You may also call us for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

What Makes a Good Medical Malpractice Case?

Doctors, nurses, surgeons, and specialists are not infallible. They make mistakes. Sometimes, those mistakes go unnoticed. Sometimes, the mistakes are substantial, but do not cause any significant damage. Sometimes, those mistakes lead to serious and even fatal consequences. The result of a mistake is what determines whether or not a medical malpractice case is present.
It is the job of a medical malpractice attorney to determine if pursuing a medical malpractice lawsuit is economically justifiable.

new jersey philadelphia medical malpractice attorneys negligence seek recoveriesA medical malpractice attorney is going to spend a lot of time and money filing a claim against a medical provider that has wronged his or her client. Sometimes, as much as $100,000 dollars in out-of-pocket expenses, and as long as 5 or 6 years.
It doesn’t make sense for an attorney to spend $75,000 dollars of their own money, only to recover $25,000.

If a doctor misses a diagnosis, but eventually does make the diagnosis and no real damage was done, there is probably not a case. Yes, that doctor failed his or her patient, but that patient came out of the situation unscathed and is very lucky to have done so.
Sometimes, doctors miss cancer diagnoses, and by the time they catch it, the cancer has spread. That could cost a patient their life. Those cases are tragic, and may leave family members and loved ones with medical bills they can’t pay, and new struggles in life absent the deceased.

If a doctor makes a surgical error that will debilitate a patient for the rest of their lives, there is a case. If a doctor makes a surgical error that causes a bit of pain for a short time, but no real damage or negative effects, yes it’s unfortunate, but probably not a case.
The money won in a medical malpractice lawsuit is recovered for damages. If there are no damages, there is no case.

Think You Have a Medical Malpractice Case?

If you or a loved one have suffered damages due to the medical malpractice of a doctor, nurse, surgeon, or specialist, contact the Mininno Law Office for a free case evaluation.
Our medical malpractice attorneys will work hard to earn you to compensation that you DESERVE!

Yo can also talk to a medical malpractice attorney just calling for a free consulation at (856) 833-0600 in New Jersey, or (215) 567-2830 in Philadelphia.
Don’t wait! A statue of limitations could nullify your claim!