Question My wife had a titanium toe implant in 2000. It was supposed to last 10-15 years - but broke after about 2. She has had many problems stemming from the surgery - and will now need to have another implant. She was told that the titanium toe implant was found to be ineffective about two to three years before her surgery. Because of the toe situation - she has not been able to work steadily, etc., - along with the concomitant psychological pain and suffering. Based on the above - are there grounds for a malpractice law suit? Thanks in advance.
Answer Probably not, mostly because of the elapse of time. All lawsuits are subject to a statute limiting the time during which they can be started. But check with a local malpractice lawyer to be sure.
Another problem is that you seem to be reluctant to list any specific injury. Your description of her problems seems to be uncertain. If your wife is unable to work, and if she has lost sufficient earnings because of this failure of the implant, then perhaps a lawyer will show some interest. Lawyers can sue only for money. But check with a lawyer to see what he says.
You do not say what kind of doctor did the original surgery. If it was someone other than a podiatrist, perhaps you have reason to sue. But see a lawyer and when you talk to him try to be specific. Also, this wil be your wife's lawsuit, and she needs to take part in it from the start.
