Hip Implant Failure 3 Years After Surgery—Is It Too Late to Sue?
Hip replacement surgery is meant to restore mobility and improve quality of life. But when a hip implant fails prematurely, patients may be left with severe pain, limited movement, and the need for costly revision surgery. These complications often raise an important legal question: If the implant fails three years after surgery, is it too late to file a lawsuit?
The answer depends on device liability, symptom progression, and statute of limitations laws that vary by state.
Why Hip Implants Fail
While hip implants are expected to last 10–20 years or more, device failures can occur much earlier. Common causes include:
Defective medical devices – Metal-on-metal implants that shed particles, causing tissue and bone damage.
Improper design or manufacturing defects.
Loosening or dislocation of the implant.
Infections at the implant site.
Wear and tear from substandard materials.
These failures often result in:
Chronic hip pain
Difficulty walking or standing
Swelling and inflammation
Nerve damage
The need for revision surgery
Product Liability and Device Claims
Many hip implant lawsuits are filed as product liability claims against device manufacturers. Attorneys argue that companies:
Released defective or dangerous implants to the market.
Failed to conduct adequate safety testing.
Did not warn patients and physicians of known risks.
Well-known defective hip implant litigations have involved metal-on-metal devices from major manufacturers, resulting in mass tort settlements and recalls.
Statute of Limitations: Is 3 Years Too Late?
The statute of limitations (SOL) sets deadlines for filing lawsuits. In most states, medical device or product liability claims must be filed within 2–4 years of either:
The date of injury, or
The date the patient reasonably discovered the injury.
This is important because:
Many patients do not immediately know their hip implant failed.
Pain may be attributed to aging or recovery until diagnostic imaging reveals implant loosening or device defect.
Courts often apply the “discovery rule,” meaning the clock starts when the patient knew — or should have known — that the implant caused their harm.
Therefore, if a hip implant fails three years after surgery, a patient may still have legal recourse depending on the state’s statute of limitations and discovery rule application.
Building a Strong Hip Implant Case
For attorneys, these cases often require:
Medical records review – Documenting surgery, symptoms, and revision procedures.
Device documentation – Identifying the specific hip implant model.
Adverse event timelines – Mapping when symptoms began and worsened.
Causation proof – Linking the device defect to the patient’s injury.
How Lexcura Summit Strengthens Hip Implant Litigation
At Lexcura Summit Medical-Legal Consulting, we provide attorneys with expert clinical support in device litigation:
Medical Chronologies: Detailed review of surgery, symptom progression, and revision timelines.
Narrative Summaries: Simplifying complex orthopedic records for judges and juries.
Life Care Plans: For patients who face long-term disability, mobility issues, or future medical costs.
Expert Case Screening: Determining whether failure was device-related or due to other factors.
Defense & Rebuttal Reports: For contested hip implant liability cases.
Our 200+ board-certified clinicians deliver litigation-ready reports in 7 days (rush in 2–3), HIPAA-compliant and nationwide.
Key Takeaways
Hip implants should last over a decade, but early failures can indicate product defects.
Most states allow 2–4 years to file, but the discovery rule may extend deadlines.
Attorneys must prove defect, causation, and damages to succeed in litigation.
Lexcura Summit provides medical chronologies, life care plans, and expert reviews to strengthen hip implant cases.
Contact Lexcura Summit
If your client suffered hip implant failure, even years after surgery, Lexcura Summit can provide the medical-legal expertise to strengthen your case.
📞 (352) 703-0703
🌐 www.lexcura-summit.com
