How To File and Win a Defective Medical Device Case
If you have a disease condition or a physical ailment, your doctor may have recommended a medical device to help support your healing or your quality of life. There are a vast number of medical devices on the market that are designed to help people overcome and live with various physical impairments.
While medical devices are made to help people, sometimes they can be defective and do the exact opposite. The U.S. Food and Drug Administration (FDA) keeps track of reports of problems with defective medical devices and adverse events. With this information, the FDA can provide patients and healthcare providers with information on recalls and other medical device safety communications.
If you were injured using a defective medical product, then it is critical that you know your options and rights so you can secure the compensation you need for all the damages you suffered. The defective product attorney at Monaco Law PC can help you file a claim to recover the full amount of compensation you are owed.
What to Know About Filing Your Defective Medical Device Claim
When medical devices are made, they must be thoroughly researched, designed properly, manufactured correctly, and tested for accuracy and safety. If any one of these elements is either not done or done improperly, the device could be harmful to consumers.
If you used a medical device that malfunctioned or was defective in some other way and harmed you, then what you’ll need to do is determine who is responsible for the problem with the device. In other words, at what point during the inception of the medical device through the formation and then onto the market was there an error that caused it to harm you? This can be a tricky thing to do, especially because any of the following or several of the following parties could be to blame for your injuries:
- The manufacturer of the medical device
- The designer of the medical device
- The seller of the medical device
- The medical device assembler
- The parts manufacturer of the medical device
Once you know who is liable, then you need to show that they were at fault for your harm and resulting damages. To do this, you must gather evidence to establish the following:
- The medical device was defective.
- The medical device was defective, and that is why it injured you.
- The medical device was being used the way it was meant to be used.
- The medical device caused your damages.
When you are able to identify the correct parties that are liable for the defective medical device, and you can also establish their fault, then you are going to be best positioned to win your claim and get the full amount of financial compensation that you are entitled to.
Speak to a New Jersey and Pennsylvania Defective Product Injury Attorney Today
There are several steps that are necessary to design, build, manufacture and sell a medical device. When mistakes or negligence exists in any of these steps then the device may be defective and dangerous.
At Monaco Law PC, our defective product injury lawyer offers free consultations to victims who were harmed by defective medical devices. If you would like help with your claim, you can call (609) 277-3166 for our New Jersey office and (215) 546-3166 for our office in Pennsylvania.
We are a New Jersey and Pennsylvania personal injury law firm serving Atlantic County, Bucks County, Burlington County, Cape May County, Camden County, Chester County, Cumberland County, Delaware County, Gloucester County, Mercer County, Middlesex County, Montgomery County, Philadelphia, Ocean County, Salem County, and all of South Jersey.
Source:
fda.gov/medical-devices/medical-device-safety
