Can I Sue If a Defective Surgical Implant Caused Repeat Surgeries?

 Posted on August 11, 2025 in Medical Malpractice

When a surgical implant is meant to improve your health but instead causes pain, complications, or new injuries, the impact can be devastating. You could face additional surgeries, extended recovery time, and lasting physical damage. In Illinois, you may be able to take legal action if a defective surgical implant harmed you. A knowledgeable Joliet, IL personal injury attorney can help you determine whether you have a strong enough medical malpractice case to pursue damages.

How Does Illinois Law Address Defective Medical Devices?

Illinois law allows people injured by defective products, including surgical implants, to pursue compensation under product liability laws. According to 735 ILCS 5/13-213, a product liability claim must be filed within two years of discovering the injury, and no later than 12 years after the product was first sold. This means you should speak with an attorney as soon as you suspect your implant is defective.

In addition, if your injury was made worse by improper medical care, you may also have a claim for medical malpractice under 735 ILCS 5/2-622. This law requires a certificate of merit from a qualified medical professional stating that your case has a valid basis.

Common Causes of Defective Surgical Implant Injuries

Many implant injuries stem from:

• Design defects: The implant’s design is inherently unsafe.

• Manufacturing defects: Mistakes during production make the device dangerous.

• Failure to warn: The manufacturer did not provide adequate instructions or warnings about possible risks.

Examples of defective implants include faulty hip replacements, recalled pacemakers, malfunctioning insulin pumps, and mesh devices that cause internal damage.

How Can I Prove My Implant Was Defective?

To prove your claims, you need to demonstrate that the implant you received was defective due to design, manufacturing, or labeling issues; that you used the implant as intended or in a reasonably foreseeable way; and that the defect directly caused your injury. Your attorney can work with medical experts, engineers, and industry specialists to prove this. It is crucial to preserve the defective device and all related medical records.

Possible Compensation for Defective Implant Injuries

If your case is successful, the compensation you might receive could cover various categories of damages, including medical expenses, lost income and reduced earning capacity, pain and suffering, and loss of normal life. Depending on your case, you might also receive punitive damages against the manufacturer for egregious conduct.

Schedule a Free Consultation with a Joliet, IL Defective Medical Device Attorney

If you believe a defective surgical implant caused your injury, you deserve an attorney who understands Illinois law from every angle. At Carlson Law Group, P.C., our Will County, IL personal injury attorney has served as both a judge and a prosecutor, bringing unique insight into how cases are evaluated in court. We offer free consultations and will fight to protect your rights from start to finish. Call us today at 815-710-3700 to get the legal help you need.