Defective Medical Devices Lawyers
Patients can certainly benefit from breakthroughs and advances in medical devices, but, sometimes, medical devices do not perform as described, expected and advertised. Some are marketed too soon, without adequate testing and safeguards. Some are designed poorly. Some utilize materials that its manufacturers should have known would degrade and fail. While many such medical devices help save lives and help people live better lives, others fail to meet accepted standards of safety, design and construction.
As new medical devices are readied for use in the health care field, manufacturers need to be aware of, and avoid, potential design flaws, manufacturing issues, or failures to warn of the devices’ deficiencies and inherent or potential dangers. Since failures with such devices can lead to such serious injuries, or even death, the level of scrutiny by all interested parties needs to be very high. The stakes are always high in claims involving medical devices, because so many users/patients can be affected and because the damages from defects can be so great. These defects may ultimately lead to class action litigation before just compensation can be obtained.
To get a free case evaluation by an experienced attorney, involving a potentially-defective medical device, get in touch with Thomas Hunter Law Firm.
Everything You Need To Know About Defective Medical Devices
What Is A Defective Medical Device?
If a person is hurt or dies due to a harmful or faulty medical device, the person may have a product liability claim.
Examples of medical devices, that may be defective and which may be responsible for injuries or death, include surgical instruments, hernia mesh, prostheses, hip replacements, implants, pacemakers, and other medical equipment.
What Causes Defects In Medical Devices?
The United States Food and Drug Administration (FDA) requires manufacturers to notify the FDA regarding medical device problems. When a medical device causes illness, injury, or death, that incident triggers certain reporting obligations to the FDA. The maker will then file a Medical Device Report (MDR) with the FDA and public notice.
Even though the FDA is in charge of device monitoring in the United States and requires that medical devices be as safe as reasonably possible, when used for the purposes and in the manner intended, once a device is in use, time and actual real-world experience provide additional, important information to the FDA about its safety and efficacy. The FDA can make decisions, including decisions to remove such devices from use, if the actual experience with the devices does not meet its standards.
Can I Sue For Defective Medical Devices In A Product Liability Case?
Clients in Savannah, GA, and in surrounding communities, have asked us about their legal options for malfunctioning medical devices. Victims in any state should seek legal advice for their losses. If you have been harmed by a medical device that you belief was defective, you may be able to claim compensation. Contact Thomas Hunter Law Firm to look into that matter for you.
Who Is Liable For My Injuries Caused By A Defective Medical Device?
Medical device manufacturers must ensure that their products are reasonably safe for their intended usages. Thus, these product manufacturers can be held liable for damages caused by their defective medical devices.
Frequently Asked Questions
Can I Sue If A Medical Device injured me?
Medical devices should be reasonably safe and should do what they purport to do, when used as intended. Side effects and other potential adverse consequences of use should be fully disclosed. People should be able to weigh the potential risks of use against the potential benefits of use. We all want to believe that all medical devices have been designed, created and constructed for safe use on patients, but the reality is that that is not always the case. When a medical device causes harm to a patient, the device manufacturer may be held legally liable for the patient’s damages. Not only may a malfunctioning device cause a patient to suffer the same or comparable injuries, but the patient may lose valuable time in their battle for good health, wasted by the use of a defective device. Those injured by the defective equipment can prosecute a claim against the manufacturer.
Do Most Defective Medical Device Cases Get Resolved Without Going To Court?
Significant cases often result in litigation and these cases often involve significant damages. Manufacturers of defective devices often try to hide the fact that the devices are defective and resolving claims tend to be perceived as admissions of the defect. So, many medical device claims result in lawsuits and many of those lawsuits end up in court. The stakes are just too high for the manufacturers to “throw in the towel” and settle at an early stage. Medical device cases fall under the category of product liability claims, which means they are extremely expensive to litigate. These cases typically involve extensive use of expert witness testimony and often end up certified as class actions.
In A Defective Medical Device Lawsuit, What Compensation Is Available?
Medical bills, lost earnings, deformity, permanent residual limitations, pain, suffering, loss of enjoyment of life and other economic and non-economic losses may be recoverable. Punitive damages may be recoverable in specific instances.
Our attorney at Thomas Hunter Law Firm will assess the entire extent of your claim and damages and advise you on the best course of action.
Professional Defective Medical Devices Lawyers In Savannah, GA
With over 40 years of litigation experience and a track record of accomplishment, Thomas Hunter Law Firm is a trusted leader in the Savannah, GA, legal community. If you are injured by a product or device and you believe that the product or device was defective, get in touch with the Thomas Hunter Law Firm for your free consultation today! Our lawyer will fight aggressively to get you compensation for any injury caused by their negligence or wrongful conduct. Contact us today for more information.
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