Manufacturers of medical devices have a moral, if not legal duty to prioritize patient safety above all. Unfortunately, not every item that hits the market has undergone stringent testing and in some tragic cases, the result can be serious injuries or worse.
If you or a loved one had gotten injured by a defective medical device, having the right personal injury lawyers is critical to obtaining the justice and compensation you deserve.
This blog outlines the process of seeking help after such an injury, the significance of acting promptly, and the specific legal avenues available. Our goal is to provide clarity and encouragement to those facing the prospect of filing a claim or pursuing litigation against large medical corporations. Working with a defective medical device lawyer in Torrance will be a smart first step.
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Product Liability and Defective Medical Devices
The term “defective medical device” covers a range of issues, from design flaws to manufacturing defects and marketing misrepresentations. Defects generally fall into one of three categories:
Design Defects
When a medical device’s design is inherently flawed, causing harm to patients even when used as intended, it may be categorized as a design defect. These issues can often be traced back to a failure to do thorough testing before the device was manufactured.
Manufacturing Defects
A manufacturing defect occurs when a device’s construction deviates from its intended design, potentially leading to a product that is dangerous to use or less effective than intended. Such defects are often the result of errors in the fabrication process.
Marketing Misrepresentations
In some cases, the marketing of a medical device may be misleading, either through false claims or a lack of adequate warnings about potential risks (failure to warn over risk of injury). This form of misrepresentation can cause patients to use the device in ways that lead to damages and losses.
Getting Help from a Medical Device Attorney in Torrance
If you’ve been injured by a defective medical device, the first step is to seek legal assistance. Find an attorney who specializes in product liability cases and has a proven track record of handling similar claims. Product liability law is complex and differs from personal injury law, requiring a nuanced approach.
Choosing the Right Defective Medical Device Lawyer
The attorney you choose should have experience in both product liability law and the healthcare industry, as well as an in-depth understanding of the particular device that caused your injury. They should have the resources to take on large medical companies and be prepared to fight aggressively on your behalf.
Why Legal Help is Crucial for Victims of Device Failures
An experienced personal injury attorney in Torrance can help you understand your rights, evaluate the strength of your case, and guide you throughout the claims or lawsuit process. They will be your fierce advocate, working to ensure that those who are at fault will be held liable and that you receive fair compensation for your injuries.
California Defective Medical Device Case Example
One notable case involved transvaginal mesh devices, which have been used primarily for treating pelvic prolapse and stress urinary incontinence. Widespread problems were reported by medical professionals and government regulators, including cases where the mesh eroded inside patients’ bodies, leading to serious health issues.
In one instance, a jury awarded $80 million to a woman who suffered from an eroded implant, which included both compensatory and punitive damages against the manufacturer.
The persistence of medical device defects on the market can be attributed to several factors, including the lack of information sharing across borders and the pressure to meet the increasing demand for medical products. This scenario is further complicated by the aging population’s growing needs, pushing more products into the market, sometimes at the expense of thorough safety testing.
File a Personal Injury Claim:
Steps to Take After Being Injured By a Defective Medical Device
Prompt action is crucial when dealing with injuries from defective medical devices. Here are the essential steps to protect yourself and your case:
- Document Your Injuries: Keep detailed records of the defective product, the injury, and the circumstances surrounding its use. This documentation will be crucial evidence in your case.
- Seek Medical Attention: Your health is the number one priority. Seek medical care as soon as possible and make sure to keep all records of your treatment.
- Preserve Evidence: Save the defective device, any packaging, and any instructions or accompanying materials. This physical evidence can be critical in proving your case. If medical device recalls were announced previously, keep any correspondence or notifications.
- Consult with a Defective Medical Device Lawyer in Torrance: Before speaking with insurance companies or taking any other legal action, consult with a defective medical device attorney. They can advise you on the best course of action and help you avoid potentially damaging missteps.
Legal Options for Victims of Faulty Medical Device Products
When injured by a defective medical device or another item, there are several legal options available to recover compensation.
File Lawsuit Against Device Manufacturers
A product liability claim can be filed against the medical device manufacturer who green-lit the release of the product to market. This type of lawsuit aims to hold the company accountable for any harm (injury or death) caused by their product and to secure compensation for the victim and/or their families.
Lawsuits typically happen if settling out of court and simply filing an insurance claim fails. In this case, the court will determine the compensation amount based on factors such as medical expenses, lost wages, and pain and suffering. If the use of the faulty product had led to someone’s death, then a wrongful death claim or lawsuit may be filed.
File a Class Action Lawsuit
Multiple individuals may have been injured by the same defective device. In these situations, a class action lawsuit may be filed against the manufacturer. This type of lawsuit allows for a group of similarly affected individuals to join forces and seek compensation collectively.
File Compensation Claims with Insurance to Cover Damages
In addition to seeking financial compensation for medical bills and lost income, victims of defective medical devices may also be entitled to damages for pain and suffering, emotional distress, and, in cases of extreme negligence, punitive damages. Punitive damages are meant to punish the manufacturer and deter them from engaging in similar practices in the future.
Injured by a Faulty Medical Product in Torrance CA? Contact the Personal Injury Attorneys at RTM Law Firm for a Free Consultation.
If you’ve suffered harm due to a defective or dangerous device, don’t lose hope. Getting legal support is crucial to pursue accountability and receive rightful compensation.
RTM Law Firm‘s legal team has extensive experience in handling insurance claims and lawsuits for victims of faulty and substandard items. Our California defective medical device lawyers will handle the intricate legal hurdles so you can focus fully on your recovery.
Remember, the clock is ticking. There are legal time limits to filing claims (two years for California), and evidence can deteriorate over time. Call our defective medical device lawyer in Torrance for a free case evaluation. We don’t charge any fees until we win your case.
Contact us today at (424) 999-7553 or fill out this form.
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