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Medical devices are essential tools in modern healthcare, but they can also pose risks. If you’ve been injured by a medical device, it’s important to understand your legal options. This blog post will explore the key legal considerations and potential avenues for seeking compensation.
Types of Medical Device Injuries
Medical device injuries can vary widely, depending on the nature of the device and the circumstances of the injury. Some common examples include:
- Defective products: Devices that are improperly designed, manufactured, or labeled can lead to injuries.
- Surgical errors: Improper use of a medical device during surgery can result in complications.
- Product recalls: If a device is recalled due to safety concerns, individuals who were injured by the device may have legal claims.
Understanding Product Liability
Product liability laws hold manufacturers and sellers responsible for defective products that cause harm. In medical devices, this means that if a device is proven faulty and causes injury, the manufacturer or seller may be liable.
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Key Elements of a Medical Device Product Liability Case
To prove a product liability case involving a medical device, you generally need to demonstrate the following:
- Defective product: The device was defective when it left the manufacturer’s control. This defect could be due to a design flaw, manufacturing error, or inadequate warnings.
- Causation: The defective product directly caused your injury or illness.
- Foreseeability: The manufacturer should have reasonably foreseen that the defect could cause harm.
- Injury: You suffered tangible harm, such as physical injuries, pain and suffering, or financial losses.
Potential Legal Actions
If you’ve been injured by a medical device, you may have several legal options:
- Product Liability Lawsuit: You can file a lawsuit against the manufacturer or seller of the device. This involves proving that the device was defective and caused your injury.
- Medical Malpractice Claim: If the injury was caused by a healthcare provider’s negligence in using the device, you may have a medical malpractice claim.
- Class Action Lawsuit: If multiple people have been injured by the same medical device, a class action lawsuit may be appropriate. This allows multiple plaintiffs to join together to pursue a common claim.
The personal injury lawyers at Freese and Goss can help you negotiate your potential compensation. If you were injured by a product, Contact our lawyers today for a FREE consultation.
Hire a Freese and Goss Product Liability Attorney
Product liability cases can be complex and demanding, but with the right legal representation and evidence, it is possible to obtain compensation for injuries and losses caused by defective products.
If you believe you have been harmed by a defective product, it is important to consult with an experienced product liability attorney, such as Freese and Goss. We can help you navigate the legal process and maximize your chances of success.
FREE Consultations For Product Liability Cases
Freese and Goss’s attorneys at law can help you or a loved one if you’ve been injured due to a product malfunction. Our lawyers offer FREE consultations to anyone who has been injured. We can answer any legal questions you may have and help determine if you have a case.
Contact our Mass Tort law firm here