A hernia is a serious medical condition that could lead to life-threatening complications if not properly treated. When patients seek medical attention to address this injury, they expect to receive the highest quality of care from their physicians. Sadly, some doctors are guilty of not conducting due diligence, especially with the hernia mesh devices they use in their surgeries.
What is a hernia?
A hernia occurs when a fatty tissue or organ pushes through a weakened spot in a nearby muscle or the fascia. Some of the common types of hernia include:
- Femoral (groin, upper thigh)
- Umbilical (belly button)
- Inguinal (inner groin)
- Incisional (through an incision or scar)
- Ventral (ventral wall/abdominal)
- Hiatal (upper stomach)
What are the usual complications of hernia mesh?
- Bowel obstruction
- Chronic pain
- Bowel perforation
If you or a loved one is suffering from these complications, here are four tips to help you once you pursue a hernia mesh lawsuit.
Secure your medical records
Once you suspect that a hernia mesh malpractice occurred, you need to secure your medical records immediately. These documents contain vital information such as your medical history, diagnosis, treatments, prescribed medications, and the operative report. The type of hernia mesh used in your surgery will be indicated in the operative report, so you must obtain a copy right away. After identifying the manufacturer of your hernia mesh, check if the company has been reported for producing defective meshes or is included in several hernia mesh lawsuits. Without your medical records, you will not be able to prove that medical malpractice occurred.
Record your symptoms
To win a hernia mesh case, you need to prove that you’re suffering from the injuries caused by the defective mesh. Document your symptoms and take note of when they started. List down the medications and follow-up treatments given by your primary doctor or surgeon. Never show your entries to anyone, especially to the medical professionals involved in your case.
Know the statute of limitations
One of the biggest mistakes of hernia mesh victims is not acting quickly. The statute of limitations for filing a hernia mesh claim varies by state, and some cases could take several years to get resolved. In addition, the hernia mesh manufacturer might file for bankruptcy or go out of business, making it nearly impossible for you to receive a favorable outcome. It is crucial that you strictly adhere to your local state’s timeline so that your claim will not be rendered futile.
Contact an experienced lawyer
Since hernia mesh litigations are complex cases, it is not advisable to represent yourself. If you want your claim to become fruitful, you need to hire a reliable attorney who is well-versed in handling hernia mesh lawsuits. Do your research and find an established legal firm within your area that caters specifically to this type of medical malpractice case. Provide your lawyer with all the documents you’ve secured, and remember not to engage with the other party without your legal team present.
Hernia mesh cases can be stressful and emotionally draining. Remember to follow these tips to ensure that you get the justice and compensation you rightfully deserve.