Over the past few decades, medical devices have become increasingly common and increasingly sophisticated. These devices both save lives and improve quality of life. However, when problems arise, medical devices can have exactly the opposite impact, putting patients at greater risk. When this happens, it is important to contact an experienced California Defective Medical Device attorney for expert information and guidance.
There are two distinct types of medical device litigation performed by defective medical device attorneys: product liability claims associated with faulty medical devices and medical malpractice claims based on faulty selection, installation, or monitoring of a medical device.
Faulty Medical Devices
Product liability claims associated with medical devices may arise when the device itself:
- Has a manufacturing defect, or
- Was designed defectively, or
- Did not include sufficient instructions or warnings
These are the types of medical device lawsuits that you see on the news, and that often occur in conjunction with warnings or a recall from the Food and Drug Administration (FDA).
Medical Device Product Liability Timelines
Determining exactly how long the victim of a faulty medical device has to file suit with the help of a defective medical device attorney can be complicated. Under California law, an injured party has two years to file a product liability claim. However, that two years starts running when the injury victim knows or reasonably should have known of the injury—a date which may be in dispute. In addition, a “statute of repose” limits the time during which the type of strict liability claim described above may be filed, but does not apply to claims based in negligence or breach of warranty.
In short, it can be very difficult to determine the deadline for filing a defective medical device claim. An experienced California Defective Medical Device attorney can be your best source of information and guidance.
Medical Device Malpractice
The other type of claim commonly associated with medical devices is a medical malpractice claim. Some common examples of medical malpractice claims that may arise out of the use of medical devices include:
- Use of a medical device under inappropriate circumstances, causing harm to the patient
- Faulty installation of a medical device, causing harm to the patient or compromising the effectiveness of the device
- Failure to monitor the device, diminishing the device’s effectiveness or failing to diagnose complications
Building a Defective Medical Device or Medical Device Malpractice Case
Medical device cases are technical, and generally require analysis by and testimony from medical and medical technology experts. Experts may also be required to establish damages, particularly when the patient has suffered injuries that are likely to be long-term or permanent, or a wrongful death has occurred.
Our defective medical device attorneys have the experience necessary to identify, select and work effectively with these experts to build a strong case on your behalf.
Damages in a Medical Device Case
Damages will vary from case to case, since the actual harm suffered and the actual costs associated with that harm will be different for every patient who is injured by a faulty medical device or negligent use of the device by a medical professional. Some damages which may be awarded include:
- Reimbursement for medical expenses
- Funding for future medical expenses
- Compensation for pain and suffering
- Lost wages and diminished earning capacity
Our Experienced California Defective Medical Device Attorneys Can Help
If you’ve been injured or had a medical condition worsened as the result of a defective medical device or negligent installation or management of a medical device, you may not know where to turn for help. You may find yourself in need of ongoing medical care, but with your trust in the medical profession shaken. You may be watching medical bills mount, but unable to work or struggling to catch up after a long period of recovery.
The first step toward reclaiming control and pursuing the compensation you deserve is to educate yourself about your rights and options. This is where the Thompson Law Office comes in. A skilled defective medical device lawyer, knowledgeable in defective medical device or drug issues, can help to navigate this complex legal field.
At the Thompson Law Offices, our team of defective devices lawyers understands that your ability to receive the medical care you need, your ability to support your family during your recovery and beyond, and even your peace of mind may depend on receiving the maximum compensation for your defective medical device settlements. Our goal is always to recover the full value of your claim. If you’re ready to start fighting for your rights, request a free consultation with an experienced defective medical device attorney on our team.