Modern medicine can accomplish great results, often with the assistance of specialized medical products and devices. However, these items sometimes cause severe harm or even death.
If you were injured or your loved one died and you believe a faulty medical product or device was to blame, contact our personal injury attorneys at Colling Gilbert Wright. Each Kissimmee defective medical products lawyer here is experienced and highly skilled in complex litigation involving the medical industry. Other lawyers even refer their friends and family members to us because they recognize our commitment to compassionate and effective advocacy for injured people.
What Are Examples of Defective Devices?
Various medical products have proven dangerous in some situations. Many of the most common examples involve products that are implanted in the body. Certain artificial heart valves, defibrillators, pacemakers, and prosthetic joints were removed from the market due to unacceptably high failure rates or significant complications.
Surgical tools and products can also cause harm. Robotic surgical arms can achieve greater precision and allow doctors to perform more complex surgeries, but they have been known to freeze and cause damage. Disposable surgical supplies, such as sutures, sponges, and gauze, have been recalled due to sterility concerns and the potential to cause infections.
CPAP machines, talcum powder, and other products with medical uses have also harmed people in some circumstances. Talk to a Kissimmee attorney at The Florida Firm if you believe you suffered significant harm due to a faulty medical device.
Injuries From Faulty Medical Products
When a medical device or product causes you harm, you might not know it right away. Sometimes, it may be necessary to run diagnostic tests to determine the cause of your symptoms, and your health care provider may need to tie the symptoms to your use of a medical product.
For example, some models of CPAP machines emit carcinogens over time and can cause cancers of the brain, bladder, kidney, and other organs. If you are diagnosed with cancer, you probably would not connect the diagnosis to CPAP use unless your doctor asks you about it. Other defects, such as a defibrillator misfire or an artificial joint failure, are immediately obvious.
If you develop a disease, require additional procedures to replace a device, or suffer symptoms that impact your daily activities, our attorneys in Kissimmee have the requisite experience with medical device defects to help you move forward. We could review your situation and determine whether you can hold the manufacturer liable for your injuries.
Holding a Manufacturer Liable
When you bring a claim against a medical product manufacturer, there are two ways to hold them responsible for your injuries. You could bring a negligence claim alleging that the manufacturer failed to use reasonable care to ensure the product was safe and would operate as anticipated. Alternatively, you could bring a product liability claim alleging that the product was defective because of a design flaw, manufacturing error, or inadequate labeling.
Florida Statutes § 95.11 sets the statute of limitations for injury cases. You must bring a claim based on negligence within two years of the injury, but you have four years to file a product liability lawsuit. In both cases, the time to pursue a claim begins when you become aware of your injury and connect it to the product or device.
Our Kissimmee lawyers have the resources and experience to manage your complex medical product harm case and achieve an excellent result. We have secured substantial verdicts and settlements in numerous product liability cases.
Your Conduct Can Influence Your Damages
A manufacturer is liable for injuries if you used the product in accordance with instructions. If you misused the product, however, or if you ignored symptoms and the problem got worse, it could impact how much you collect. Always be candid with your attorney about your use of a medical product so that they can effectively prepare for the arguments the manufacturer might make.
Consult With Our Kissimmee Attorneys About Harmful Medical Products
When you use a medical product or device, you have the right to expect it to address your medical issue and not worsen your condition. Unfortunately, health care products often harm patients who rely on them.
A Kissimmee defective medical products lawyer at Colling Gilbert Wright could pursue a legal claim for compensation and help you hold the manufacturer accountable. Call us today to schedule your free consultation. You will not be liable for any costs unless we win your case.