Hurt because of a Medical Defective Product?
Many individuals have unknowingly been injured or harmed by what have turned out to be a medical defective product. This kind of injury is far more common than you might imagine, and it can often have disastrous results. Although a pharmaceutical company or medical device manufacturer may have thoroughly tested the product prior to releasing it to the public, many of these end up causing a live arm for many people.
What Types Of Defective Medical Devices Are There?
There are a number of potentially dangerous medical devices on the market today, and it can often be difficult for consumers to determine just who is at fault. If you have had a device implanted into your body, then you may end up having to deal with lifelong problems, recurring surgeries, or pain. In the worst cases, a family may lose a loved one as a result of defective medical products.
Among the many types of defective products that have been recalled in recent years are hip and knee replacements, breast implants, pacemakers, insulin pumps, and heart valve implants. The potential repercussions of these types of defective products are severe, and call for the assistance of a lawyer who is experienced in defective medical product liability.
Aren’t These Products Tested?
Any product that is approved by the FDA has been through many years’ worth of research, but problems still occur. There are a number of well-known medical devices that have created significant health problems for many people, often resulting in enormous lawsuits.
One of the main problems lies in the fact that companies are always in a big hurry in order to launch any product, and they often do not realize the enormous repercussions caused by products that do not deliver as promised.
Types Of Defective Medical Products Claims
Most defective medical products claims fall into one of three different categories:
- a claim against a medical product manufacturer may occur as a result of a medical device that was defectively manufactured,
- a device with a defective design, or
- a device that was inappropriately marketed.
Devices that have a manufacturing default are usually taken off the market after a number of injuries or fatalities occur. Unfortunately, before a product is removed, it may well have been used on many people who will later experience significant problems.
Some medical devices have defective designs that only become known long after they are used. An example of this would be hip or knee replacement parts that often do not last as long as they should.
In many cases, and medical devices are marketed without an appropriate warning or without adequate instructions for use. The medical device manufacturer may have provided inaccurate or inappropriate warnings or instructions to the medical professional or directly to the consumer.
Who Can You Sue For Medical Defective Product Liability?
One of the most complicated questions for many individuals is just who should be sued in relation to the claim. It is not unusual for several parties to be sued, including the manufacturer of the device, testing laboratories that were involved in testing of the device, and medical sales or marketing companies. An experienced attorney can help you make the right choice in what lawsuit you can follow.
And additional party who may be sued for medical product liability includes a doctor or other healthcare professional who failed to provide adequate instructions or warnings or was directly responsible for recommendation of the product. Hospitals and clinics can also be sued for their role and distributing the defective product, as can a retail supplier such as the pharmacy, drugstore, or other type of retailer.
Only a legal professional will be able to determine just who should be the defendant in any case, and it may be that other individuals are also suing several different parties for the very same problem.
How Can You Prove Your Claim?
In order to win your lawsuit against a defendant, you will need to prove that you were injured in some way, that the medical device was defective or marketed inappropriately, and that this defective product was the direct cause of your injury. This may sound simple enough, but it can be very difficult to create a causal link between a defective product and an injury.
It is not unusual for individuals who have been harmed in some way by a defective product to take part in a class action lawsuit. If there are other people who have experienced any kind of injury, then they will commonly be represented by one legal team, which will reduce your financial risk. Class action lawsuits can be beneficial for those who do not have the upfront money to pay for representation, and they can also help to eliminate much of the burden of proof.
By choosing the right lawyer, you will be able to determine whether or not you have a case against the medical products manufacturer, supplier, or retailer.
Medical Defective Injury Product Lawyers from Detroit at: (313) 355-5665
if you need help with your lawsuit