Medical products and devices can significantly enhance your quality of life or even prolong it. Unfortunately, they can also do enormous damage to your health.
If you suffered a serious health problem through using a medical device, contact a DeLand defective medical products lawyer at The Florida Firm. Our personal injury attorneys are highly skilled at complex litigation. In fact, other lawyers and professionals recommend us to their friends and family because of our commitment to justice for injured people like you and our long record of obtaining outstanding results.
What Defective Medical Products Cause Harm?
Medical products are designed to address specific health issues or mitigate certain clinical vulnerabilities you may have. When they do not work properly, you do not receive the appropriate care and may suffer harm. Some defective medical products can even cause serious diseases.
Defective medical products that could cause you and other patients harm include:
- Artificial joints that cause infections or break prematurely
- CPAP machines that create carcinogens when the foam insulation degrades
- Defibrillators that cannot produce sufficient energy to correct abnormal heart rhythms
- Implantable insulin pumps that do not release appropriate quantities
- Pacemakers that enter safety mode without cause, leaving you without the device’s support
- Surgical meshes that erode, migrate, or perforate organs
- Surgical robots that do not let go of tissue, leading to damage, increased bleeding, and other complications
- Talcum powder, which causes respiratory illnesses and cancer
Additionally, medical products that need to be programmed and can communicate remotely, such as many implantable devices, may be vulnerable to hacking
These are just a small sampling of products that have been recalled for endangering patients. Our DeLand attorneys could also help you pursue a claim regarding other faulty medical products and devices if there is proof that the items caused you harm.
Winning a Case Against a Manufacturer
To bring a legal claim against a medical product manufacturer, you need to prove that the device was defective or that the manufacturer was negligent. Our DeLand lawyers could determine which approach to take in a case involving a specific, inadequate medical device, depending on the available evidence.
To prove a device was defective, you must show that its design was faulty, there was an error in the manufacturing process, or the manufacturer did not provide you with adequate information about it. To prove a manufacturer was negligent, you have to demonstrate that they did not use reasonable care to ensure the product was safe.
Whether you are trying to prove that a product was defective or a manufacturer was negligent, you must show that you suffered actual harm. This could be a worsening of the condition that led you to use the product, the need for an additional procedure to remove and replace the defective product, or the development of a new health problem related to using the product.
Damages in a Defective Medical Product Case
The money you obtain in a lawsuit is referred to as your damages. You are entitled to claim economic damages, which are the expenses you incurred due to the defective product, such as extra medical costs and missed time at work. You can also claim non-economic damages, which compensate you for your physical suffering, emotional anguish, and changes to your quality of life that the defective product caused.
Most cases never go to trial. Instead, our DeLand attorneys contact the manufacturer of the unsafe medical device with a letter describing the harm you suffered and the damages you are demanding. Negotiations begin, and they usually result in a settlement. If the manufacturer does not make an acceptable offer, our lawyers at The Florida Firm could proceed to court and try the case before a jury.
Florida Statutes § 768.81 requires each party in a lawsuit to take responsibility for the part they played in causing your injury. This law may limit your damages if you were partially responsible for your injury, which might be the case if you did not comply with medical advice. However, our legal team could present evidence showing that your conduct had little influence on the situation, and the manufacturer is primarily to blame.
Consult a DeLand Attorney Today If You Were Harmed by an Ineffective Medical Product
Call the legal team at Colling Gilbert Wright if you suffered negative health consequences from using a faulty clinical device or product. We have a proven track record of securing compensation for individuals injured by defective products, including numerous settlements and verdicts exceeding $1 million. Talk to a DeLand defective medical products lawyer as soon as you realize you have been hurt. We do not charge a fee or expenses until we obtain compensation, so you have nothing to lose. Get in touch today.