Patients agree to implants and other devices being placed inside their bodies in the belief that these will make life better for them. This implies trust in the judgment and diagnosis of the healthcare practitioner recommending the device as well as that in the competence of the manufacturer of the device.
To be let down on both counts feels like an outrageous betrayal and often comes with a heavy accompanying physical and emotional price.
And yet, that is exactly what has happened on this front. Defective medical devices and other malfunctioning products have caused a ton of grief to many across the world. The list of device recalls in the U.S. is rather long and worrying, with the total number having doubled from 2003 to 2012. Some of the most common malfunctioning devices have involved defibrillators, stents, implants, with the saga coming to a head with the infamous transvaginal mesh devices.
In recent years, there has been a rash of lawsuits involving dangerous pharmaceutical products and defective medical devices. Here is how a defective medical devices attorney can help people injured by such devices.
They will tell you if you indeed have a case
First things first. Just because you have been injured by using a device, or if a device did not match up to your expectations, does not automatically imply that you have a case. A number of things need to be ascertained for it.
• It will have to be established that you were using the product as per the directions of the manufacturer, and in no other way.
• You were observing the precautions suggested by the manufacturer.
• You got hurt despite using the product the recommended way, which implies a flaw in the product and pins the blame on the manufacturer itself.
• That the device contained a manufacturing defect or that the manufacturer failed to warn you about it.
• That the device ended up causing unforeseen side-effects, and that you were not at fault in your use of it in any way whatsoever.
• That the device was marketed the wrong way, if not manufactured the wrong way, in which case others in the supply chain would be liable too.
They know their niche
This is a specialized field and only those experienced in it will know how to handle such a claim the best. Approaching a general product liability attorney also dabbling in defective medical device cases may not help.
As the past has shown, these can be very long and drawn out processes with a number of complications involved. A dedicated defective medical devices attorney is therefore your best bet.
The laws related to defective medical device cases vary state by state, which makes it even more important for you to be advised by a dedicated attorney in your area. If you’re based in North Carolina, however, and suspect you have been at the receiving end of a malfunctioning medical device, you might want to get in touch with a defective medical devices attorney at our firm for a free initial consultation.