Defective Medical Device Lawyer Fulton
Advances in medical device technology have vastly improved the human experience, especially here in the U.S. Medical professionals are now equipped to treat conditions they were unable to address previously, increasing quality of life beyond what patients could have expected, all thanks to new and improved devices. However, no advances come without risks. As the positive capabilities of medical devices increase, they also become more capable of doing harm. A defective medical device can cause irreparable damage – if you’ve suffered because of one, we are here to help.
Types of Defects in Medical Devices
When suing for product liability in a defective medical device case, it is important to know the proper target for the charges. Depending upon the way in which the device is defective, the defendant (the person or company being sued) could be one or more parties. Generally, medical devices are defective in one of three ways:
- They are manufactured defectively or damaged during shipping. These devices could have been incorrectly manufactured or damaged in some way during production. Defects of this type result from an error during manufacturing, damages during shipping, or a mistake at the hospital or doctor’s office.
- They are designed defectively. A device may be manufactured properly, have sustained no damage or errors, but was designed in a way that caused a defect.
- They were incorrectly marketed. Marketing of a medical device includes several things: recommendations, warnings, and instructions for use. If any of these are incorrect, forgotten, or intentionally mislabeled, the manufacturer marketed the product defectively.
Be certain to include all potential defendants when filing a claim for damages caused by a defective medical device. This could extend to every person or entity involved in the distribution chain that brought the device to you. These defendants may include: manufacturers, product testers, medical sales representatives, and hospitals, among others.
Proving a Defective Medical Device Claim
A claim of a defective medical device is basically a product liability claim. When filing a product liability claim the plaintiff has to prove four things:
- They were injured or suffered a loss.
- The product is defective.
- The injury or loss was caused by the defect.
- And the plaintiff was using the device correctly.
In product liability cases involving medical devices, the second and third sections are most important. The plaintiff must prove the medical device was manufactured, designed or marketed defectively and that defect led directly to the injury.
Class Action Lawsuits in Fulton
If multiple people have all suffered because of the same defective device, they may be able to file a class action lawsuit. If a class action lawsuit already exists, other victims may be able to join it.
Joining a class action lawsuit generally has some advantages over filing a single claim. The lawyers for the class action may be more experienced than personal lawyers. Plaintiffs won’t have to handle complex legal issues, such as where to file the claim, alone. However, if a case is unique in some way (significantly different injuries or special circumstances, for example) it may be more beneficial to file a single claim than to join a class action lawsuit.
Whatever your thoughts lean toward joining a class action lawsuits or filing singly, Discepolo Firm wants to help you. Discepolo Firm has been in business for more than 15 years, and we have handled many personal injury, medical malpractice, and product liability cases. Cases involving defective medical devices require knowledge of a vast array of laws and histories; our lawyers have that knowledge and are willing to put it to work advocating for you. Contact the Discepolo Firm firm today for help with your case.