Rules and laws exist to limit the amount of time that you can legally file a claim for monetary recovery in all states. This is called the Statute of Limitations, and courts take these limits quite literally in regard to filing an action at law for damages, losses or personal injuries.
The Statute of Limitations for filing a personal injury action in the State of California is two years. This notes that if you have been injured by a hernia mesh surgical procedure, then you have 2 years from the date of the surgery to file an action at law for recovery on that claim.
If you did not discover the injuries related to the surgical implantation of a hernia mesh right away, then you have 1 year from the time that the injuries related to the surgery to file a case related to your personal injuries. In some cases, if there is negligence regarding your personal injury claim, you may then have up to three years to file a claim at law for personal injuries related to the diagnosis of your case.
Why Are the Statute of Limitations Rules Confusing in Some Cases?
If these Statute of Limitations rules seem confusing, well, yes, they actually can be considered far from “cut and dried.” Unlike some flowers that are cut out, turned upside down and dried out to represent the exact flower they were when fresh, a legal case for a hernia mesh has many different facets, or as some people know, there can be complications involved.
For these reasons, you will want to talk to a legal team who understands and knows the finer details related to hernia mesh repair, diagnosis and surgical procedures. That being said, you would not want to start a lawsuit regarding a hernia mesh with a lawyer who was just taking the case on the off chance of winning. We suggest that you go with a legal team who has had experience and a firm understanding of the issues that will come up and are litigated most frequently, in this type of a case.
Complications from a Hernia Repair Surgery May Not Surface Right Away
It’s true, you may have had what at the time seemed like a successful hernia mesh repair surgery, but later found out that a complication derailed the euphoria of that surgery having gone as planned. There can be any number of issues, complications and counter reactions to a hernia mesh surgical procedure. Some of the complications can be quite serious and prolong a full recovery, including:
- Hernia coming back again
- Neurovascular injuries
- Visceral injuries
- Wound infection
- Wound dehiscence
- Bowel incarceration
- Bowel obstruction
- Bowel strangulation
- Reduced venous flow
- Limited lymphatic flow
- Swelling of associated tissues
- Limited arterial supply
- Ischemia and necrosis of the hernia
- Poor hernia repair procedure
If you have questions regarding the Statute of Limitations laws in California applicable to a hernia mesh lawsuit, you need to call our law office today to talk about your concerns. We are available to take your call at the Law Offices of Gary K. Walch, and you can call us at 1-844-999-5342