There is not enough information here for an attorney to determine whether you have a claim. You should contact an experienced medical malpractice attorney in your area who can ask the right questions to get the additional information he/she needs to properly evaluate the potential claim.
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You may be able to bring a case. The statutes of limitations/repose in medical malpractice are extremely short so you should consult with an attorney immediately Feel free to contact our offices or any of the other qualified AVVO attorneys who practice medical malpractice in Florida. Good luck.
This response is intended as only general legal information and not specific legal advice for your case. You should consult with an attorney for legal advice. You may contact our statewide offices for a consultation, toll free at 1-866-318-4878. Main office Gainesville.
I'm sorry you are going through this. You should know that Florida has both a Statute of Limitations and a Statute of Repose contained within Florida Statutes Sec. 95.11(4)(b) as it relates to adults. You basically have 2 years from when the malpractice was discovered, but in no event more than 4 years from when the procedure occurred. So, if you are interested in pursuing the matter, you should contact an experienced medical malpracice attorney as soon as is conveniently possible. Best wishes.
Before an attorney can properly answer this question, the attorney would need to know why the hardware is failing. Is it failing because it has worn out? Is it failing because it was placed improperly? Is it failing because of traumatic forces applied to it since the surgery? Perhaps it is failing because the hardware is faulty, in which case you may have to consider a suit against the manufacturer of the hardware. It is often your body that rejects the hardware or pushes out the hardware. If this is the case, then it is likely no one is at fault and a lawsuit was fail. If the hardware can be replaced uneventfully, then I cannot recommend pursuing a case.