If you have a hernia, an internal organ has forced itself through the muscle wall covering it. Hernias occur in the abdomen, groin, and upper thighs. There are different types of hernias, and treatment plans usually include medications and surgery. Unfortunately, treating a hernia may lead to severe complications that may require a mass tort attorney’s intervention.
Most of such complications are due to using surgical or hernia meshes during surgery. Hernia mesh is a medical device that doctors use to support damaged hernia tissues and keep injuries from recurring. Unfortunately, many patients with these implants have suffered painful and even life-threatening complications as a result.
If you’re one of such patients, you may be eligible for a lawsuit or claim. However, these cases are complicated, and any mistake on your part can be very damaging to your case’s success. So, in this article, we’ve discussed the common mistakes many victims make to help you avoid them. But, first, let’s ensure that you have a valid claim.
Am I Eligible to File a Hernia Mesh Claim?
Like all personal injury claims, you must prove specific characteristics to have a valid cause of action. Such essential elements that make you eligible for a hernia mesh claim include:
Hernia Repair Surgery With a Defective Hernia Mesh
The first element to prove is that you had surgery with a hernia mesh. However, the hernia mesh was defective, and the manufacturers failed to warn you about inherent risks.
The next element to prove is your injury. You must show that the defective hernia mesh caused you severe post-surgery injuries. These injuries may include organ perforation, infection, intestinal obstruction, etc.
Due to such complications, you may need additional surgery or a hernia revision surgery to heal better. You will also need to prove the financial and psychological harm you’ve suffered from your injuries.
This means proving the link between the hernia mesh surgery and your injuries. You wouldn’t get compensation for injuries that aren’t proven to be hernia mesh complications.
Mistakes to Avoid in Your Hernia Mesh Claim
These are the most common mistakes victims make in their claims. Be sure to avoid them:
Failing to Learn the Basics of These Lawsuits
As a hernia mesh victim, there are essential details you must learn about your case. That includes the grounds for your claim and the defenses the defendants may put up. Learning all there is to know about your case prevents unpleasant surprises in the long term.
Pursuing a Claim Too Late
Learn about your state’s statute of limitations and ensure that you adhere to it. Waiting too long before filing your claim reduces your chances of success, even if you have a strong case.
Neglecting to Document Symptoms and Treatments
Most of the evidence in your case will center around your medical history, symptoms, complications, and treatment. Ensure that you jot down every important detail concerning those.
Failing to Consult With the Right Attorney
One of the first things to do after you notice your mesh complications is to contact a lawyer. However, it’s more important to hire the right one for your case. Go for one with experience in these cases and not just a general personal injury lawyer.
How Can a Hernia Mesh Lawyer Help My Case?
There are many advantages to having a qualified hernia mesh attorney on your case. They include:
Experience and Skill
You can leverage your lawyer’s experience and negotiation skills to get the best compensation settlements possible in your case.
No two personal injury cases are the same. So, you’ll need legal solutions for the specific challenges you encounter in your case. Your hernia mesh attorney will assess your case and give you legal advice that will direct the actions you take.
Legal Representation in a Lawsuit
In a lawsuit, your lawyer will put forward the best arguments on your behalf.
Contact the Hernia Mesh Attorneys at Rueb Stoller Daniel LLP Right Now!
It’s easy to make mistakes in your claims without a lawyer. More than hiring just any attorney, though, ensure that you select the most experienced and compassionate lawyers for your case.
The mass tort lawyers at our law office are passionate about finding justice for hernia mesh victims. We are also the most competent legal representatives you can get. Schedule a free and confidential consultation with us immediately. You wouldn’t need to pay anything unless we win your case.