Many Americans suffer from hernia issues yearly. When they do, doctors often treat them with hernia mesh surgeries. After surgery, many such patients can continue living healthy lives. Unfortunately, though, some others suffer from hernia mesh complications. When such difficulties arise, it becomes crucial to determine who’s liable.
However, you may be unable to give a straight answer if you aren’t a lawyer. That’s why if you’re suffering a hernia mesh complication, it’ll be best to hire the best mass tort lawyers. Our team of attorneys can determine the fault party. In addition, we can get you compensation for your damage.
Hernia Mesh Complications
Using a hernia mesh is one of the ways doctors treat hernias. After the surgery, they use the hernia mesh to strengthen the area surrounding the hernia point. Usually, the aim is to prevent the hernia from returning. Unfortunately, it’s through these surgical mesh devices that complications arise. Therefore, hernia patients carrying a mesh device can experience some of these complications:
- Tissues sticking together (adhesion)
- Recurring hernia
- Bowel perforation
- Fluid accumulation
- Pain around the surgical site
If you notice any of these symptoms, it would be best to alert your doctor. In addition, you may need additional surgery to arrest the situation.
Who Can I Sue for Hernia Mesh Complications?
Hernia mesh complications often flow from hernia surgery. Therefore, many people think that the doctor is the liable party. However, this isn’t always the case. The reality is that many other parties may be responsible for your surgical complications.
This list includes the manufacturer of the mesh and the entire surgical team. So, it’s crucial to determine the fault party in a hernia mesh suit. This is because the liable party often affects the lawsuit type and your filing timeline.
The Hernia Mesh Manufacturer
Many hernia mesh lawsuits are claiming that the manufacturers were aware of the dangers of their device. However, they ignored these possible complications and continued marketing their products. Consequently, doctors and other medical personnel recommended their harmful products to hernia patients.
Since the manufacturers withheld such critical data, you can sue them for any resulting complications. This lawsuit would be a product liability claim against the manufacturer. So, you’ll have to prove that the manufacturer:
- Knew about the possible complications from their device
- Withheld this information and continued producing, marketing, and recommending their medical device.
- The hernia mesh caused your injuries or complications.
If your lawyer can prove these elements, you can receive compensation for your injuries. Moreover, an attorney will need more than legal knowledge. They must also understand medical terminology to explain how the hernia mesh hurt you.
You can also sue the medical professionals that conducted your surgery. There are two instances where the medical personnel would be liable for hernia mesh complications. In both cases, you would be eligible to file a medical malpractice claim.
Before every surgery, doctors must explain the procedure to the patient. So, your doctor should explain the implication of a hernia surgery before using the mesh. Furthermore, the doctor also has to advise you of any possible complications.
Notably, you must have this relevant information before signing the surgery consent form. This requirement means that the doctor could be liable if you suffer any complications they didn’t explain to you. However, if the doctor was unaware of the consequences, you can only sue the manufacturer.
Secondly, medical professionals often make mistakes during surgeries. For example, a doctor could wrongly place the hernia mesh. Where this happens, they can be liable for any resultant complications. This would require a medical malpractice lawsuit.
Here, your lawyer also needs significant legal and medical knowledge. Both fields are vital because you have to prove that the medical personnel was negligent during the surgery. In addition, your lawyer can hire medical experts as witnesses.
Hernia Mesh Lawyers Can Get You Compensation for Your Losses
Have you suffered a hernia mesh complication? If you have, then you can recover compensation for your injuries. However, proceeding against the medical community or Big Pharma is challenging. Both classes have sufficient resources to hire the best legal representation. Therefore, it’ll be best to hire the best mass tort lawyers.
At Rueb Stoller Daniel, our lawyers have dedicated their lives to representing victims of faulty medical devices. In the process, we’ve won millions of dollars in damages. So, we’re confident that we can win your case too. It would, therefore, be best to call us today to talk about that hernia mesh complication.