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I interested in knowing how much time do I have to go after a doctor, for Med. Mel Practice. My surgery was to have a DePuy inplant. The knee was changed with a DePuy July 19, 2012 and a second doctor on his staff tryed to do another surgery June 13, 2012 to help with my pain. I now have had the DePuy taken out and replaced with a Smith-Nephew. This surgery was accomplished on May 15, 2012.
Optional Information: Country relating to Question: United States State (if USA): California Already Tried: I need to have a California Attorney to answer these question pertaining to the time frame I have residing in California. I am recoverying from the second surgery, and have not tried anything.
I hope this message finds you well, present circumstances excluded. In California, the Statute of Limitations for medical malpractice by a physician is 3 years from the date of the injury. If you would like to sue DePuy for a faulty implant, the statute of limitations for products liability for the faulty implant is 2 years from the date of the injury.
In summary, you could file suit against the doctor for medical malpractice up to 3 years from the date of the original surgery and you could sue the manufacturer of the implant or hardware for up to 2 years from the date of the original surgery.
Experience: 9 years practicing IP law and general litigation
Tim I appreciate the follow up. There is no law office in Orange County, Ca that wants to take this case. Seems there it isn't enough money in the case for these law offices, and most attorney's are connected to the many doctors in the group. (21)I'll write a small book about my experiences. Thanks again... Bill C