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What is The Statute of Limitations For A Faulty Medical Device Suit?

Personal injury lawsuits occur in a wide variety of situations, and during the past two decades medical device failure has been an increasing phenomena resulting in a rash of lawsuits from patients who were either misinformed on the functional aspects of a device or actually received faulty medical equipment as part of the treatment process. One particular type of device that has been the center of legal attention has been a group of metallic hip implants and complete replacements. Not only did the devices not function as described by the manufacturers in many instances, but the metal components actually deteriorated in some patients. The metal erosion resulted in blood poisoning for many, which is a medical condition that would not have occurred otherwise. This is a primary example of how many defective medical devices can have a major impact on the victim. The problem is that these claims can be complicated when the material facts are evaluated, and in particular filing the suit in the specified time frame. That is why it is essential to retain an experienced defective product attorney like Douglas Zane to represent the case.

Understanding the Statute of Limitations

While most claimants understand the principle of filing a lawsuit within the state designated time period termed the statute of limitations, the real question in when the filing period ends is determined by when it begins, which can be a "tolled" legal clock. This is effectively court recognition that the filing can stop for a period for specific reasons. In addition, the time period does not really begin until the injured party realizes they have a problem with a medical device. The filing period does not always begin at the time of installation. Any time a defendant can claim an outdated filing it can mean a case dismissal, but having solid representation from a legal professional like Douglas Zane means the case can be argued successfully even when the defendant is questioning the filing limitations.

Different Filing Periods

All states legislatures set personal injury liability case limitations, but some states like Arizona actually use differing guidelines based on the case classification. Defective medical device injury cases could fall under any of several different types of claims, with those being medical malpractice, product liability, fraud, or wrongful death. All of these case categories have different filing periods in Arizona, which makes having experienced representation from an Arizona personal injury lawyer so important. Filing periods typically range between 1-3 years depending on how the case can be classified in discovery, which is where the plaintiff attorney establishes injury and medical device connection.

One of the best components of filing a medical device injury claim is that most cases are very similar to others when a device has a known history of defects. This still does not mean the cases are not complicated and difficult to establish, even though the filing system and financial damage pools are often already set in trust. It always takes comprehensive legal counsel to make the case a success for whole and equitable damages. In Arizona, that attorney can be found at Zanes Law. They have represented thousands of clients and will work with you to get the compensation and outcome you deserve.

To schedule a free consultation with an experienced Faulty Medical Device Attorneys who will fight for your rights, call (844) 926-3752 today.

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