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Defective Medical Devices: How to Build a Product Liability Case

On Behalf of | Dec 9, 2019 | Medical Device Injuries

When a patient is injured because of a defective medical device, they need to know their rights. People who have been hurt can file a product liability claim against the responsible parties to get compensation. Product liability focuses on whether or not the product was reasonably safe. The product’s manufacturer or retailer is typically liable if the product contains an unreasonably dangerous defect. Here is some advice that can help injured patients.

Gather the Facts

A good first step for any patient who’s trying to build a product liability case is to gather as much evidence as possible. Liability claims are complicated, so injured parties need to document the defective product that was used, how they were hurt, and the total cost of the damages. The following are a few categories of product liability defects:

  • Design defects
  • Manufacturing defects
  • Marketing defects (failure to warn)

Work With the Right Lawyer

As with any case, having a knowledgeable lawyer is vital. An experienced defective medical device attorney will be well-versed in the nuances of product liability cases, including common defense tactics, how long the case might take, and the types of compensation to include in the claim. The attorney will also reach out to the potential defendants in the case, such as the product’s manufacturer, the testing laboratory, and the doctor or medical clinic. These conversations are critical for collecting evidence for defective medical device claims.

Prepare for Challenges

Building a case for a product liability claim can be tricky. Claimants should be prepared for bumps in the road. The manufacturers of medical devices tend to be large corporations with deep pockets. They may try to delay the case or prove that another party was responsible for the issues. Also, the device that caused the injury must be kept in the same condition it was in when the patient was injured. It’s critical that the device isn’t tampered with before being inspected for defects, or the case may be dismissed.

If you have been hurt by a defective medical device, the attorneys at D’Amico Law Offices, LLC can help determine if you have a viable claim. We’re a family-run law firm that is dedicated to assisting clients in Pittsburgh and the surrounding area. To schedule a free consultation, call 412-906-8180 or send us an email.