A hernia forms when fatty tissue or an organ pushes through surrounding tissue or weakened muscles. It typically causes a bulge in the area where the hernia formed. In some cases, the blood supply to the organ or tissue bulging through a small opening is cut off, causing its strangulation. The medical solution for this condition is a surgical procedure to repair and reinforce the hernia with a synthetic or animal material mesh. However, many medical negligence and medical device defect claims go through civil courts in Louisiana and around the country.
A significant percentage of hernia mesh implants develop into any of the following serious complications:
- Lack of healing
- Bowel obstruction
- Bleeding and pain
- Dental problems
Grounds for filing a lawsuit
Anyone who considers filing a claim against the surgeon and, possibly, the hernia mesh manufacturer would be required to have sufficient grounds for such a lawsuit. For a favorable outcome and comprehensive damage recovery, any of the following grounds may make that possible:
- A manufacturing defect in the mesh materials
- A flaw in the design of the mesh
- Negligence by the surgeon who did the procedure
- Lack of warning about the risks on the mesh packaging
Evidence to gather
Evidence to substantiate the claim includes the details of the particular hernia mesh product and information about the manufacturer. Furthermore, the date of the surgical procedure, the hospital where it took place and the name of the doctor who conducted the surgery would be required. Additional evidence requirements include all the medical records related to the hernia mesh surgery, including prescriptions, brochures, consent forms and more.
The success of such a medical negligence lawsuit filed in a Louisiana civil court and the size of the compensation will depend on the evidence provided and also documented proof of the damages caused by the hernia mesh and/or the surgeon. Proof of subsequent medical expenses linked to the procedure and the need for additional surgery in the future would be necessary. If the medical complications prevented the plaintiff from returning to work, lost wages could form a part of the documented claims.