Defective Medical Devices

A defective medical device that causes personal injury or wrongful death may fall under the heading of medical malpractice or a product defect. Two factors are essential when determining if you have a defective medical device cause: determining who is at fault for your malfunctioned product, and whether or not it is provable that a person or company is liable for your injuries due to negligence. It may also be necessary to investigate whether or not there is currently an outstanding or ongoing lawsuit already in motion with regard to the same product defects that have caused your personal injury.

Many different details must be taken into consideration before you can determine if you have a case. Was your medical device used according to its label, misused or used according to doctor’s instructions? Was it prescribed to you? Was it sold as part of a faulty batch, or is it singularly defective? Is the hospital, healthcare facility, physician or manufacturer responsible for the product defect and its resulting injuries? Can you prove that these defects occurred as a result of negligence an unreasonable act or reasonable omission that directly led to your personal injury? Was your device FDA approved, and do they or the government have a legal responsibility to you as the consumer?

Not only can defective medical device accidents be quite lengthy and complex, but they are also strictly regulated and highly contested. All defective medical device accidents should be handled by an attorney who is knowledgeable of medical malpractice and product defect law. You should seek legal consultation as early as possible to ensure that your case is handled within the perimeters of its statute of limitation, so that full legal retribution can be sought.

If you would like to consult with an attorney to see if you have a viable case, please consider the experienced personal injury lawyers at Gross & Telisman. We will listen to the details of your injury, assess liability and build the strongest possible case for your claim. We have been handling defective medical device cases for more than 25 years, and we have the resources and experience to diligently pursue the highest possible financial compensation for your suffering and loss.Contact Us for a free, personal consultation.