Medical malpractice is negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).  The manufacturer of the implant is liable for negligence and strict liability.  Negligence is the failure to exercise due care to manufacture a product that is not defective.  Strict liability imposes liability whether or not due care was exercised.Prior to filing a lawsuit against the doctor and implant manufacturer, it may be possible to settle the case with their insurance carriers.  Your claim filed with the doctor's malpractice insurance carrier and the implant manufacturer's insurance carrier should include your medical bills, medical reports, and documentation of any wage loss.Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.If the case is settled with both the doctor's insurance carrier and the manufacturer's insurance carrier, NO lawsuit is filed.If you are dissatisfied with settlement offers from the insurance carriers, reject the settlement offers and file one lawsuit naming both the doctor and manufacturer as defendants.As mentioned above, the causes of action (claims) in your lawsuit would be negligence against the doctor; negligence and strict liability against the manufacturer.If the case is settled with one but not both parties' insurance carriers, only name the party with whom the case has NOT settled as a defendant in your lawsuit.If the case is NOT settled, your lawsuit must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.