What is a Defective Medical Device?
Medical devices are typically termed “defective” when reports come out about serious injuries or complications associated with issues on the device.
Serious injuries may result from incorrect materials, medical malpractice, mistakes in the manufacturing process, technical issues, packaging errors, improper labeling, and more.
The U.S. Food and Drug Administration (FDA) puts out medical device recalls and warnings. Medical device companies may also issue voluntary recalls on a defective product if they discover issues that can lead to injuries.
Medical devices for people of all ages suffering from different ailments are becoming increasingly common. With the increase in use and production of tens of thousands of medical devices also comes a greater risk: some medical devices turn out to be defective, dangerous, and able to cause serious harm.
What Damage do Defective Medical Devices cause?
A defective medical device can cause tremendous physical and emotional harm to an individual. With a defective medical device, the thing you expect to help you ends up harming you greatly.
A faulty medical device can result in the following:
- Serious injuries
- Medical expenses
- Medical complications
- Need for revision surgeries
Medical devices are various in their purposes and likelihood of danger. Contact a medical professional with any questions or concerns about your medical device.
Defective Medical Device Injuries
Injuries caused by a defective product can range from minor to life altering and life-threatening. Serious injury caused by faulty medical devices often incur huge medical expenses, require lengthy rehabilitation, and burden a person for years.
Injuries or medical conditions caused by defective medical devices can include:
- Migration (movement of a medical device within the body)
- Heart attack
- Stroke
- Blood clots and damage to blood vessels
- Organ damage, loss, or need for transplant
- Bone damage or loss
- Tissue damage or loss
- Long-lasting, chronic pain
- Permanent health effects or disabilities
- Infections
- Allergic reactions
- Wrongful death
Examples of Defective Medical Devices
Certain medical devices can be incredibly dangerous if defective. As mentioned above, a faulty medical product can cause heart attack, stroke, blood clots, organ damage, and even death.
It’s important to research a medical product and the device manufacturers before and after use.
Medical devices most commonly linked to serious injury if found to be defective include:
- Insulin pumps
- Heart stents
- Catheters
- Transvaginal mesh
- Surgical mesh
- Contraceptive devices (such as IUDs)
- Hip implants, knee implants, ankle implants, and shoulder replacements
- Breast implants
- Hearing aids
- Breathing aid machines (CPAP, BiPAP, Ventilators)
A few cases involving defective and dangerous medical devices our national law firm handles include:
The FDA and Medical Device Approval
The U.S. Food and Drug Administration (FDA) is in charge of vetting and approving medical products, devices, drugs, and more.
The FDA has an approval process that takes years in some cases, but even then, a faulty medical product or dangerous drugs can make their way into consumers’ bodies and cause serious injuries.
What should I do if my Medical Device is Recalled?
If you find out that your medical device has been recalled and is now considered to be defective, malfunctioning, or dangerous, you should contact your doctor as soon as possible.
You should also contact a law firm that has experience in medical device litigation and dangerous drug lawsuits. It should be stressed that a medical issue turns into a legal issue as well when a device causes serious injury.
Filing a Defective Medical Device Lawsuit
Taking action against those responsible for adverse events related to a faulty device can be confusing and difficult. You may be wondering: what are my legal options?
With the help of experienced defective medical device lawyers on your side, you can be assured that your case is handled properly and you’ll receive adequate financial compensation.
An established law firm may also offer a free consultation to see if you qualify for a legal claim.
Defective medical device lawyers will help you do the following:
- Determine Liability
- Gather Evidence
- Navigate the civil litigation process
- Assess damages
- Build a strong case to seek compensation
Determining Liability
Establishing who is liable for injuries related to your medical device is an essential part of building a strong case for compensation.
An experienced attorney will be able to accurately describe and testify that your injuries resulted from medical malpractice, the negligence of medical device manufacturers, or any other party responsible for your injuries.
Example: Your hip implant has been recalled and you find out the immense pain you’ve been feeling falls in line with reported symptoms. Your lawyer could find the medical device manufacturer, medical professional who installed the device, and others associated with the manufacturer liable for your injuries.
Gathering Evidence
Gathering relevant evidence is another crucial step in the legal process, and your lawyer will help you determine what evidence is best to present. Evidence for a medical device lawsuit can include:
- Medical bills or records (for initial and additional surgeries)
- Witness testimony or statements
- Photos or videos
- Personal testimony detailing the progression of injuries
Navigating the Civil Litigation Process
The Civil Litigation Process can be very confusing for somebody unfamiliar with the legal system and its terminology. Though staff at a law firm will help you along the way and explain things you may not understand, it’s important to have a baseline knowledge of proceedings in a civil lawsuit.
A civil lawsuit is a dispute handled legally by the courts, such as a personal injury lawsuit. Civil lawsuits commonly involve individuals, groups of people, people and businesses, or other entities. A civil lawsuit can range from a small claim, such as a minor car accident, to major multidistrict litigation over a dangerous medication that involves thousands of people.
Experienced attorneys will be able to interpret product liability laws and determine the correct route for your legal claim.
Assessing Damages
Assessing damages in a medical device lawsuit entails accounting for all economic and non-economic losses suffered by the person injured.
Damages in a faulty medical device lawsuit may include:
- Medical expenses
- Lost wages
- Permanent disability
- Pain and suffering
- Emotional distress
Your personal injury attorney and law firm staff will help identify relevant damages in your case.
Building a Strong Case for Compensation
Considering all the above information, experienced product liability lawyers will build a strong case based on evidence, aimed at rectifying the issue with compensation paid for the assessed damages.
Compensation amounts differ depending on the device involved, seriousness of injury, and other factors. Get in touch with an attorney to discuss your legal options.
Hiring a Defective Medical Device Lawyer
The choice of a personal injury attorney is an important one. You should choose representation from a personal injury lawyer who understands the importance of an attorney client relationship, the depth of product liability claims, the ins-and-outs of civil litigation procedures, and your full legal rights in the situation.
TorHoerman Law - Defective Medical Device Attorneys
The medical device legal team at TorHoerman Law will advocate for your legal rights in the face of medical companies who put your health at risk.
Attorneys at TorHoerman Law understand the harm that can be done by dangerous medical products and will lend a helping hand to any injured patients seeking relevant legal options.
Our law firm has dealt with numerous product liability cases, dangerous drugs lawsuits, and more.
Contact our personal injury law firm today for a free consultation and to discuss your legal options today.
You can also use our ChatBot for an instant and free case evaluation.
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