Imagine having a hip replacement surgery to improve your mobility and quality of life. You go through months of recovery only to feel like something isn't quite right. Then, you find out that a screw has come loose. You need another surgery and even more physical therapy. The pain and suffering of the first surgery is repeated a second, unnecessary time.
If this or a situation like this has happened to you, then you know how important it is for medical products to be produced without defects. Even a small defect, like a loose screw, can affect you negatively. If you plan to file a lawsuit, you should know that you are affected by the statute of limitations in New York. In most cases, you have only a limited amount of time to file your claim from the date of surgery or the date on which you discovered the defect.
Is the claim malpractice? It could be, if the hospital or medical provider should have known about a recall or implanted the device incorrectly. If not, then the product having a defect may be a product liability case.
These cases aren't always easy, and it can sometimes be hard to prove that the complication was a result of a doctor's error or a product defect. If you have to have a second surgery, it's worth discussing the problem with your doctor and any other providers who see you as well as a legal professional. These people can help you understand what went wrong and what to expect if you file a lawsuit or claim.
Source: FindLaw, "Medical Product and Device Defects," accessed Feb. 16, 2017