In the first quarter of 2018, medical device recalls increased a staggering 126%.
Unfortunately, proving that an injury was caused by a defective medical device is difficult. Many times, individuals must face billion-dollar industries in court. As if that’s not challenging enough, compiling evidence to definitively prove a device resulted in injury is difficult without the aid of an experienced attorney.
If you think you have been injured by a defective medical device, it’s best to assess your circumstances and speak to a lawyer about your experience. Here are several questions to consider.
Was the Injury Caused by the Device?
How do you know if you’ve been injured by a defective medical device? The most important point to contemplate is if your injury was, indeed, caused by the device. To prove this, it’s necessary that a) the device was defective or dangerous and b) the device resulted directly in the user’s injury.
Did You Follow All Appropriate Instructions?
Not following the manufacturer’s instructions sometimes causes cases to be dismissed. The law requires that companies provide clear, easy-to-understand instructions for all devices as well as warnings about potential hazards.
If either of these stipulations is not met, the manufacturer may be held liable for injuries caused by their device.
Did the Device Meet Safety Regulations?
Sometimes, devices are approved by the FDA that may not be appropriate for medical use. In these cases, you may be one of the first victims of the defect, which makes the case even more difficult to prove.
In these instances, attorneys may use imaging techniques, speak to medical personnel and utilize other methods to determine if the device is defective and dangerous.
Have You Been Contacted?
In the event a device you are using is found to be defective, your physician is obligated to contact you with information. Even if you have been contacted, if you suspect you’ve been injured as a result of the defect, contact an attorney.
Understanding the Basics
In a claim involving a defective medical device, several parties may be pursued for damages:
- The manufacturer
- Retail suppliers
Most cases are tried through class-action lawsuits. Attorneys contact other individuals who have been harmed by the device and seek compensation accordingly.
Although any type of device can be defective, common types from recent years have included:
- Hernia mesh
- Insulin pumps
- Contraceptive devices
Once attorneys assess your case, they will compile evidence to prove your injuries were caused by the device. Then, they will file a claim or lawsuit and represent you in court.
Seek Advice From Professionals
Product liability claims that involve defective medical devices are complex. It’s essential that victims reach out to knowledgeable attorneys, otherwise, they may not receive the compensation required to pay for the expenses the damage incurred.
By seeking the aid of an attorney, you have a chance to create a strong case and to stop others from experiencing similar strife.