If I had an inguinal hernia repair surgery 18 years ago and mesh was used, should I get an attorney to look into this matter to see if the mesh was recalled?
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If I had an inguinal hernia repair surgery 18 years ago and mesh was used, should I get an attorney to look into this matter to see if the mesh was recalled?
I am 53 now and have had left side pain with scrotal pain for 15 years which has progressively gotten worse to point of interfering with my work. My family doctor has been aware but could not figure out what was causing my pain. The problem is that I’m not sure which mesh was used.
Asked on October 22, 2015 under Malpractice Law, South Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
It appears, from what you write, to be too late to sue.
The "statute of limitations" is the time within which you must file a lawsuit; law suits filed after the statute will be dismissed for being too late. In your state, the statute for product liability (e.g. defective mesh) is 3 years; the statute for medical malpractice is as little as 3 years or as much as 6, depending on the exact circumstances. If you had the surgery 18 years ago and have been suffering pain (which would cue you in to investigate, since something was clearly wrong; therefore, you cannot try to claim that you only just became aware of the problem) for 15 years, it would be too late to take legal action.
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