Who is Responsible for Defective Medical Device Injuries?
Medical devices are becoming increasingly defective, and as a result, more and more people are being injured by them. In many cases, these injuries could have been prevented if the manufacturers and distributors of these products had been more careful. But what does it take to prove liability in a defective medical device claim? Read on to learn more.
How to Prove a Defective Medical Device Caused You Harm
Several factors must be considered to prove that a particular medical device is defective and that the manufacturer or distributor is liable for the injuries caused by it:
- It must be shown that the device was not properly designed or manufactured.
- It must be shown that the defect in the device was the cause of the injuries suffered by the plaintiff.
- It must be shown that the defendant knew or should have known about the defect and failed to warn consumers about it.
The Challenges in Proving Liability in Defective Medical Device Claims
While the above ways to prove liability may seem cut and dry, there are many challenges and nuances that can occur. For example, obtaining reliable evidence can be tricky since medical records are rarely kept for more than a few years and often contain conflicting information. As a result, proving liability in a defective medical device claim can be daunting.
Enlisting the help of an experienced attorney who is well-versed in defective medical device claims is critical to the outcome of your case. While there may be some obstacles along the way, it is possible to build a strong case and seek the compensation you deserve. At Houssiere Durant & Houssiere, LLP we have 40 years of experience in helping victims seek justice through defective medical device claims. Founding Attorney Charles “Chip” Houssiere has a background in science, which gives our clients an advantaged approach to their cases. He is skilled at refuting defenses based on incorrect medical information and explaining complex topics in simple terms that a judge or jury member can understand.
Learn more about Senior Partner Charles “Chip” Houssiere here.
How Do Defective Medical Devices Get Approved for Use?
There are many reasons why more medical devices are becoming defective. One reason is that the FDA approval process for new medical devices is not as rigorous as it should be. Another reason is that manufacturers have little incentive to recall defective products once a device is on the market. And finally, patients often don’t know about the risks associated with specific medical devices until it’s too late.
Related Article: Does the FDA Regulate Medical Devices?
The Most Common Types of Defective Medical Devices
There are many different defective medical devices, but some are more common than others. One of the most common types of defective medical devices is implanted in the body; for example, some of the most recent recalls for defective medical devices include the following:
There are also many reports of defects in over-the-counter drugs and prescription medications.
Injured By a Defective Medical Device? We Are Here For You
It’s a devastating situation when you expect a medical device to improve your quality of life, and then the opposite happens, and you are harmed due to unsuspecting defects. You deserve the chance to hold the negligent parties accountable for the harm you were caused.
If a defective medical device has injured you or someone you love, you may be entitled to compensation. Our experienced personal injury lawyers can help you investigate your claim and build a strong liability case.
Contact our national lawyers today at (800) 914-2894 for a free consultation.