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If I’m the victim of a defective medical device, what can I do?

On Behalf of | Apr 6, 2017 | Firm News, Medical Malpractice |

Many individuals across the country have a medical device implanted to assist in the recovery of certain medical conditions. Perhaps you have undergone a recent procedure that called for the use of such a device, and now you may have concerns about its overall safety. If your condition was severe, you may not have had the ability and/or the time to fully research the device before your operation.

Defective medical devices can be extremely dangerous, with some cases causing injuries and/or debilitating medical conditions that deteriorate over time. If you were a victim to such harm and you are now suffering after your procedure, you probably want to hold the manufacturer of such a device accountable. The process can be challenging, but the assistance from an experienced attorney can help you recover all restitution to which you are rightfully entitled due to a manufacturer’s negligence.

How can I hold the manufacturer accountable for my injuries?

While there are several ways to pursue compensation from a manufacturer, the most common may be strict liability. To meet the requirements for using this method, certain conditions must exist, such as:

  • Dangerous defect: A product must be determined defective to meet the criteria for strict liability. This defect must have occurred during either the design, manufacturing or shipping of the product in question.
  • Injury: To meet this requirement, the defective product must have caused you to suffer an injury while being used as intended.
  • No change in device: If the product has experienced any type of change throughout the course of your condition, you may not be able to enforce strict liability.

There are some situations in which a manufacturer will advise a patient of any possible defects in a product. However, if you were not notified of any defects in advance, and you have sufficient evidence to support a strict liability claim, you may be entitled to compensation accordingly.

Who can help me pursue financial restitution?

If a defective medical device caused you significant harm, you may be suffering in numerous ways. These injuries can have a lasting effect on your quality of life, making various daily tasks stressful and challenging. With the excessive cost of medical expenses and long-term treatment, you may also experience periods of significant financial difficulty.

Perhaps you wish to seek restitution from the manufacturer of the device, but you may be unsure how to proceed. You may choose to speak with an experienced attorney for assistance throughout this stressful and challenging experience. A knowledgeable Louisiana attorney can thorough evaluate the details of your case and help you pursue a product liability claim against the party deemed culpable.