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As advancements in medical technology have been rapidly increasing over the last few decades, many people can enjoy a high quality of life, even with chronic conditions, by depending on a medical device. While every year we improve upon our own man-made technology, a machine is never really going to be perfect. This can lead to malfunctions and defects, even in medical devices. In fact, between January 2017 and September 2019, almost 15% of all FDA recalls were defective medical devices.
After experiencing the effects of a defective medical device, you deserve to spend your time focusing on the healing journey instead of worrying about the details of litigation. To help you file a claim or lawsuit, our team at Valley Law Accident and Injury Lawyers is standing by to provide legal aid which can make the process easier to walk through. We have years of experience representing people like you, who have endured injuries and other lasting damage from a defective medical device accident.
Schedule a free, no-obligation case review with an experienced defective medical device lawyer near you today when you call (801) 810-9999 or contact us online.
The complications of a defective medical device will affect each patient differently, and with a long healing journey ahead, an attorney can help relieve the weight of the upcoming legal proceedings. Without the help of a professional, you could be left in the dark when you are confused or have concerns about what’s to come. With the team at Valley Law, you’ll never feel like you’re walking through a single step of the litigation process alone.
We have vast experience helping clients manage the claims process against device manufacturers. These companies often seek to avoid or minimize liability through any means possible. They may downplay the severity of injuries, accuse the injured party of misuse of the device, or try and point to other parties, like providers, as the true holders of liability. Tactics like these often serve to delay and frustrate claimants, but we are here to do everything possible to expedite your case and seek the maximum compensation available.
Our passionate legal team is committed to providing the following to every client we serve:
Determining liability for complications with a medical device can be complex because of the many entities that have the potential to hold some level of responsibility. It may be easy to assume the manufacturer is wholly to blame, but because many parties work with the device before it is utilized by the patient, it is important to investigate all involved parties.
Your attorney can help you better-understand who may be liable for your device’s complications by reviewing the details of your incident, along with any other relevant outside information.
While the manufacturer is responsible in many defective medical device accidents, other parties such as those listed below can be found negligent in regard to your care and hold some level of liability for your accident:
While medical devices are generally safe, complications are always possible. Moreover, even with advancements in medical technology and safety, the rates of physical complications due to these products have increased.
In the period between January 2017 and September 2019, 83,000 deaths are believed to be the result of a defective medical device. These defects can be the result of negligence or simple malfunction stemming from factors such as low-quality materials. To learn more about current recalls of medical devices, the FDA has a regularly updated list of recalled items.
Practically all medical devices have the potential of experiencing a malfunction or defect, but there are some specific products that are more commonly facing recalls for being subpar. These products are commonly used in the medical field and can leave many patients at risk for medical complications if the product fails to work properly.
Some of the most commonly recalled medical devices include:
After enduring the immediate complications of a medical device defect, you’ll be left with a long recovery process and new debts that would not exist if not for the initial issues with the product.
You have the right to seek compensation for the damages of said defect in order to repay these debts and recover comfortably. Settlements for damages medical device defects are categorized in one of two ways; economic damages or non-economic damages. These categories separate the type of damage you endured and how it is regarded during negotiations for a settlement.
Described as objectifiable losses with set price points, economic damages make up the majority of most settlement awards. This category covers things like medical bills, the cost of continued treatment, and lost wages. Any bill or other debt that has a set price to be paid is generally considered an economic loss in injury claims.
Non-economic damages are defined as intangible losses with no real price point. For example, damages like pain and suffering, loss of enjoyment, loss of partnership, and mental anguish can all be considered non-economic damage because the value is not set by any standard scale. This abstractness can make fighting for this category more of a challenge, but if you believe you’ve suffered non-economic damages, an attorney has the skills and past experience to help you seek such damages during your case.
The severity of defect complications can range from minor to life-threatening, and the approach for treatment will look different for everyone.
Thankfully, the legal process is more standardized. There is a set of helpful steps that most injured patients can take to file their claim and protect their legal rights.
When you work with a lawyer, they can help you understand more about how the legal process might look in your specific case.
Any complication with a medical device should be addressed immediately. Never wait to be seen by a doctor if you suspect there is a complication with your medical device.
Many medical devices provide life-saving support or aid to help certain organs and systems function properly, so even minor issues can have a major health impact. Your doctor’s analysis of your condition can also be an important part of the investigation, offering insights into the true nature of the defect.
When you promptly seek medical attention after recognizing a problem, you may be able to limit certain tactics from the negligent party, like deflecting blame to the patient because they delayed reporting the issue or seeking treatment.
It is critical that all issues with medical devices are reported to the proper channels, including the FDA. Your medical provider or attorney may be able to help you complete this step, but you’ll be tasked with completing a report that documents the details of your incident with a defective medical device. Ask your medical provider if there are any other specific agencies to report your defect to, as certain products may have specific regulatory bodies and recall authorities. A defect report is another great piece of evidence for your lawyer to use as they represent you.
To provide your lawyer and the investigators with the most comprehensive understanding of this incident possible, document every step of the recovery journey after your medical issues began. Keep a file of every piece of paper you receive, and log interactions with different parties regarding the defect.
Doctor’s notes, test and lab results, hospital records, and specific device information should all be kept in this file, along with any applicable diagrams, photos, or videos. This is not a community file and should only be shared with your attorney, except when they indicate otherwise.
The effects of complications with a medical device can be long-lasting, but the litigation process doesn’t have to drag on forever. When managing a liability claim, having a reliable legal team at your side can make the process easier and you more confident in the final results. Millions of people across the U.S. have suffered from the effects of defective devices, and the team at Valley Law is passionate about advocating for these victims.
Navigating the claim process can be confusing and overwhelming at times, but with the team at Valley Law Accident and Injury Lawyers, you’ll gain a team of skilled advocates who can be there to watch your back and answer any of your most pressing questions along the way. Call (801) 810-9999 or contact us online to schedule a free case review today.
We have helped many clients recover from injuries resulting from car accidents in West Valley, Salt Lake City, and the greater Utah area. We are here to help you recover after an accident. If you've been injured, don't hesitate to call Valley Law Accident and Injury Lawyers for a free consultation. We have recovered millions for our clients and we are ready to fight for you.
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