Many people rely on medical devices each day to provide life-saving treatments. Doctors use medical devices to diagnose health conditions and provide the correct treatment and care. Medical devices save lives and help people remain healthy.
Unfortunately, some medical devices can be defective. If you were injured by a defective medical device in Miami, FL, you may be entitled to compensation. Our Miami medical malpractice lawyers at Lavent Law Personal Injury Lawyer can help you recover money for your medical bills, lost wages, and other damages after using a harmful medical device.
How Our Miami Product Liability Lawyers Can Help You With a Medical Device Liability Claim
Defective medical device claims are complicated. They could be medical malpractice claims, product liability claims, or both. These claims require extensive resources and time-consuming investigations to be successful. You don’t want to go it alone after a medical device injures you.
At Lavent Law Personal Injury Lawyer, we have the resources to handle even the most complex medical malpractice and product liability cases. Furthermore, our Miami personal injury lawyers have recovered millions on behalf of injured patients just like you. We’re ready to take the fight to the parties that caused your injury.
When you hire our legal team in Miami, Florida, you can expect us to:
- Determine how a medical device caused your injury by conducting a comprehensive investigation
- Consult and retain medical, engineering, manufacturing, and other experts to assist with the investigation and trial preparation
- Carefully document your damages to calculate the value of your claim
- Monitor deadlines and statutes of limitations for filing lawsuits and claims
- Prepare and file a product liability lawsuit if the matter is not settled through negotiations or mediation
If you or a family member sustained harm because of a medical device, we encourage you to contact our law firm. Your initial consultation with a Miami product liability attorney is free of charge.
What is a Medical Device?
The FDA (United States Food and Drug Administration) states that a medical device can be a tool, instrument, apparatus, machine, or similar item. FDA laws and regulations govern devices that meet the definition of a medical device by the FDA.
A medical device is used to diagnose or treat a health condition, disease, or illness. Common medical devices include, but are not limited to:
- Hip replacement implant
- Hernia mesh
- Breast implants
- Blood pressure cuff
- IVC blood clot filters
- CPAP machine
- Clamps used during surgery
The list of medical devices is extensive. A medical device includes items used inside and outside of your body for medical purposes. Therefore, a thermometer used at the doctor’s office is a medical device.
Who is Liable for a Defective Medical Device?
Several parties could be liable for damages caused by a defective medical device, including:
- Medical device manufacturers
- Device designers
- Sellers and distributors
- Testing facilities
- Hospitals, labs, physicians, and other medical providers or facilities
In some cases, parties may be strictly liable for damages caused by defective medical devices. Strict liability means that a party can be held financially liable without proving negligence or intent. This kind of liability mainly applies to manufacturers who make a medical device that has a design, manufacturing, or marketing defect.
Other claims center around medical malpractice and require expert testimony to prove the defect.
Reasons for Filing a Defective Medical Device Claim
Medical devices may be defective because of one or more factors. Four common reasons for filing a product liability lawsuit are:
- Design Defect – The medical device is inherently dangerous because of a design defect
- Manufacturing Defect – There was a problem during the manufacturing process that caused a defect, such as using substandard materials or failing to follow quality control measures
- Marketing Defect – The parties engaged in misleading, fraudulent, or deceptive marketing
- Failure to Warn – The parties failed to provide adequate warnings of hazards and risks or failed to provide adequate instructions for use
Other reasons for filing a defective medical device claim might include negligence because of a failure to conduct adequate testing or intentionally concealing negative test results. In addition, a manufacturer may be guilty of failing to disclose and recall products that have known safety issues.
Pursuing a medical device injury claim requires a great deal of knowledge about FDA regulations, product liability laws, and other laws governing medical devices. Our legal team at Lavent Law Personal Injury Lawyer, is prepared and ready to handle your claim.
What Types of Damages Can I Recover for a Defective Medical Device Injury in Florida?
A defective medical device can result in permanent impairments, financial losses, and chronic pain. Injured parties may receive compensation for their economic damages, such as:
- Medical bills and expenses
- Lost income, including reduced earning potential and future lost wages
- Cost of personal care and nursing care
- Travel expenses to medical appointments
- Out-of-pocket expenses for medications and medical supplies
- Assistance with household services and childcare
In addition to economic damages, you are also entitled to compensation for your non-economic damages. These damages represent the pain and suffering you experienced because of your injuries, such as emotional distress, physical discomfort, and loss of enjoyment of life. It also includes compensation for disfigurement and disabilities caused by the defective medical device.
Schedule a Free Consultation With Our Miami Medical Malpractice Lawyer
Don’t delay in contacting an attorney about an injury case. Call now to schedule a free consultation with our defective medical device lawyer in Miami, FL. Learn about your legal rights during a free appointment with an attorney.