Can I Sue Over a Defective Medical Device?

Defective medical devices often cause severe pain or injury to the person, and in certain instances, they will kill the individual through standard use. In the event of a machine with a defect causing such harm or death, the person may have a valid lawsuit to pursue against the company or hospital that supplied the individual with the device.
Instances of injury through the use of a defective medical device when operated through standard or instructed use may provide the opportunity to sue the manufacturer or medical health facility that provided the device. However, for a clear understanding of how to proceed or what is necessary for these incidents, the individual should consult first with a lawyer. Evidence is important, and the device may need analysis to determine if it does possess a defect that could harm a person through standard or instructed performance. Then, the plaintiff’s legal team would need to connect the defendant to the liability in the claim.

The Dangerous Device

Surgical instruments, devices that a patient would take home or use in the facility and implanted tools may harm a person if there are defects inside or with them. That may include implants such as pacemakers, teeth implants, prosthetic devices and instruments that may exist in the body. Product liability claims often occur through these incidents. The legal team would need evidence to corroborate the claim, and the defending party may have a host of lawyers to defend against the charges. Additionally, the plaintiff would need to connect liability as well as determine if the device has a defect in materials or the design. When the design has the defective issue, there could exist many more injured parties.

The Ability to Bring a Lawsuit

Defective medical equipment usually harms at least one person. Often, if the problem is the design, then multiple individuals may band together and initiate a class action lawsuit. It is when injury occurs to a person or group that litigation often becomes the next available step when no remedy is possible through the company or manufacturer. Whether it’s one or numerous injuries, the person affected has the right to bring forth a lawsuit. He or she will need to consult a lawyer to determine what to do next, how strong the case appears and if any additional evidence is necessary.

Pursuing the claim is difficult and time-consuming. If the lawyer is able to negotiate a settlement, the affected party should consider the terms and amount of compensation. The lawyer will confer with his or her client and explain if the amount is sufficient or if through litigation that more is possible. However, seeking the time and money to resolve the matter through a full court case could lead to less acquired compensation when paying for all other expenses. A settlement with enough money could permit a full recovery and make the person whole after the incident.

Pursuing the Defective Medical Device Case

The victim of the injuries due to defective equipment may need to gather additional evidence such as the design, what materials used in the creation and other witness statements. Attempting to pursue a civil case against a manufacturer or medical equipment industry is difficult without a strong claim behind the plaintiff. The person affected will need to often hire a lawyer, and sometimes an expert may need to explain the design details. Defects are common among manufactured products, and medical devices are not outside of these issues. With injuries occurring each year due to defective problems, the victims may need to band together when the design causes several, hundreds or thousands of injuries.

The evidence in the device may not provide enough strength to pursue legal action. By hiring a lawyer, the victim may learn what additional pieces of proof he or she needs in the courtroom. The legal strategy to acquire compensation may also include connecting liability to the defendant. It is essential to break down the problems for the judge or jury and remove any doubt or confusion about the injuries and the connection to the device. This could lead to a product liability claim with a detailed history of defects with the company.

Legal Support for Defective Medical Devices Claims

After hiring a lawyer, the plaintiff may pursue a legal claim for compensation. This usually becomes necessary to pay back medical bills, acquire money for loss of income and because of the pain and suffering that the device caused by injuries.