A patient underwent hip surgery and her hip was substituted with a prosthetic one in 2006. However, the prosthetic one did not react well with her body and it failed as reported by the New York Law Journal in a June 12, 2013 news article.

The patient could not handle the pain, so she tried to resolve the problem by seeking medical help from 2006 until 2011.  One of the doctors that she saw in the beginning of 2009 alleged that the hip implant was not fixed properly to her body.  Soon afterwards, the patient brought a medical malpractice suit. Then about two years later the patient learned that the prosthetic hip “failed to biologically fixate in her body” because there was a substance left on the prosthetic hip.

The company that manufactures the prosthetic hip decided that it would recall the implants that were used in 2008. About two years ago, the patient had to undergo corrective surgery. The opposing party wanted the case dismissed against it, and the court agreed as the statutes of limitations for a negligence action ran out in May of 2009.  The patient also brought a breach of implied warranty claim and the statute of limitations for this claim expired three years ago.

The statute of limitations is the deadline after an injury occurs where a claim must be brought. If the statute of limitations runs out, then the injured party is out of luck and is unable to bring his or her claim.

We at Jayson Lutzky, P.C. can provide you with the information you need if you have been injured, and how this will affect an accident claim. If you have been injured due to someone else’s behavior and you are in need of legal advice, then please feel free to call us at 1-800-660-5299 for a free initial in office consultation or visit our website at www.MyNewYorkCityLawyer.com.