Medical lawsuits are uncommon; as a matter of fact, it is one of the most sought-after legal procedures. It aims to settle any disputes between the patients and the medical practitioners and suppliers. One example of a medical lawsuit is a hernia mesh lawsuit.
A hernia is a protrusion of tissues or internal organs through the muscle or tissue walls. These are usually caused by weakening muscles and tissue fibers that cause an abnormal bump or lump. The most common forms of hernia are:
- Diaphragmatic hernia
- Epigastric hernia,
- Femoral hernia,
- Hiatal (hiatus hernia),
- Incisional hernia,
- Inguinal hernia,
- Spigelian hernia, and
- Umbilical hernia.
The only way to properly treat a hernia is by undergoing surgery. Among the many surgical procedures taken, the most commonly used among these methods is applying hernia mesh. A hernia mesh, or surgical mesh, is a medical device that helps support the damaged muscles, organs, and tissues around the area affected by hernia while the body repairs itself. The products usually include:
- Plugs, and
Meshes come in many forms and shapes, including:
- Synthetic, and/or
- Coated or Composite mesh.
No matter how safe the mesh application seems to be, there are always chances of complications. That is a fairly normal risk when undergoing any medical procedures. In this case, the complications include:
- Bowel Obstruction,
- Bowel Perforation,
- Chronic Pain,
- Recurrence, and
Grounds for filing a lawsuit
Like in all medical surgeries, hernia mesh operations can also be subjected to lawsuits when things go awry. There are four common conditions, all under the guise of negligence, that a complainant can use as grounds for filing a lawsuit including:
- When the hernia mesh had a faulty design,
- When the hernia mesh had improper labeling,
- When the hernia mesh had manufacturing defect, and
- When the practitioners in charge of applying the mesh committed medical malpractice.
Faulty Design – This can be used as grounds for a successful lawsuit when proven that the hernia mesh's very design is innately flawed. Something about the product is faulty, and that causes more harm than good for the patient.
Improper Labeling – This can be used as grounds for a successful lawsuit when proven that the label that acts as warning devices for the proper usage of the product is wrongfully placed, leading to the improper usage and application of the mesh.
Manufacturing Defect – This can be used as grounds for a successful lawsuit when proven that the manufacturing company has created a defect on the product while in the production line. This defect caused the product to malfunction and no longer serve its initial purpose.
Medical Malpractice – This can be used as grounds for a successful lawsuit when proven that the medical practitioners, i.e., the doctors, surgeons, etc., performed medical malpractice during the entirety of the process leading to serious complications that harms, if not kills, the patient.
Compensation and damages
To say that the victims of faulty hernia mesh applications experienced hassle would be an understatement. To compensate for the pain and suffering, aside from the actual monetary expenses that they had endured in the process, they are entitled to just compensation in the form of civil liability.
Civil liability covers three distinct damages:
- general, and
Compensatory damages refer to the monetary expenses that come with the case; this includes all the necessary expenses like:
- Legal Fees,
- Lost Wages,
- Medical Bills etc.
General damages refer to the non-economic damages that the victims had to endure like:
- Suffering, and even
Punitive damages refer to the fines intended to punish the defendant. This is the amount owed to the plaintiff for being subjected to such legal entanglements.
- Atrium – Maquet – Getinge Group: C-Qur
- C.R. Bard: 3DMax
- Covidien – Medtronic: Parietex
- Davol – C.R. Bard: ST hernia patch products
- Atrium Medical Corporation
- C.R. Bard
- Gore Medical
- Genzyme Corporation.
If you or anyone you know ever had the misfortune of having botched hernia mesh application surgery, it would be the victim's party's best interest to employ the aid of our top-notch California based lawyers. Our attorneys can help the victims get compensation or settlements that they legally and rightfully deserve for suffering in such conditions.
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