Product liability laws apply when filing a lawsuit for defective medical implants and devices. A product liability lawyer can explain more about how to file a lawsuit against defective medical implants and devices, which involves holding a manufacturer liable for negligence.
There are several ways a manufacturer can be found negligent when faulty medical devices and implants lead to new injuries in patients. Your case may also involve a negligent medical professional. A personal injury lawyer can help you identify the liable party and pursue compensation through legal action.
Proving Negligence in a Defective Medical Implant or Device Case
Medical implant and device manufacturers have a responsibility to produce safe products, properly warn users of potential risks, and provide safe usage instructions. When they violate any of these responsibilities, they may be found negligent.
Below are a few examples of how a product manufacturer may be negligent:
- Defective design: When manufacturing a medical device, companies must test their designs thoroughly. A manufacturer may be negligent if they fail to identify or disregard design defects during the testing stage. For example, a product may not function properly under certain events, or the product contains toxic or degradable materials.
- Defective manufacturing: These defects occur during the production process after the design is made. For example, the production fails to maintain their equipment or the proper manufacturing conditions, and flaws develop in the product.
- Defective labeling/marketing: This form of negligence occurs when a company fails to provide the users with the necessary information on the product, such as the proper instructions or warnings of certain risks.
An error at any of the listed stages of manufacturing a product for the market can render a company liable for injuries that occur during surgeries or other medical procedures.
California Follows a Strict Liability Law
Under CACI No. 1200, manufacturers are held to high legal standards under a strict liability law. Under this law, you can sue a manufacturer if you used its product for its intended purpose or used it in a reasonably foreseeable way and it caused your injuries.
Types of Medical Implants and Devices That Could Be Defective
Various types of medical implants and devices may prove defective, including:
- Surgical mesh used for hernia repairs
- Hip replacements
- Left ventricular assist device
- Intraocular lenses
- Contraceptive intrauterine devices
- Cardioverter defibrillator
Many of these devices are designed to be life-saving interventions, so when they fail, patients can suffer severe injuries. By filing a lawsuit for faulty medical implants, you can seek awards that can help you access the ongoing medical treatment you need to address your injuries. In some cases, medical device recall litigation may come into play if multiple patients suffered similar injuries due to the same defective device.
Compensation You Can Seek in a Lawsuit Against a Defective Medical Implant or Device
Compensation for faulty implants or medical devices can include a variety of damages. Whether you are filing an insurance claim or taking legal action for defective medical devices, you may stand to recover the following losses:
- Current medical expenses, such as for additional surgeries and medical devices
- Ongoing medical expenses, such as for rehabilitative therapy
- Pain and suffering
- Lost income if you had to take time off of work to heal
- Reduced earning capacity if your injuries prevent you from earning the same income before the injury
- Loss of quality of life
If you lost a loved one due to a defective medical device or implant, a wrongful death lawyer can help your family seek justice and compensation. A lawyer can help you file a lawsuit against medical device manufacturers and represent you during negotiations and in a trial.
You Can Afford to Hire a Lawyer to File a Lawsuit Against Defective Medical Implants and Devices
On top of facing your medical bills from the original surgery or treatment you received, you are now likely facing even more expenses to correct an error caused by a defective medical implant or device. To get the compensation you need, you shouldn’t have to worry about how you’re going to afford to hire a product liability lawyer.
Some personal injury law firms take such cases on contingency. With contingency-based services, you will not have to pay any upfront fees to start your case. Your attorney will simply take a portion of your compensation at the end of your case. This allows an attorney to begin working on your case immediately.
Deadlines to File a Defective Medical Implant and Device Lawsuit
There are deadlines if you choose to file a defective medical implants lawsuit. Under CCP § 335.1, you generally only have two years to file a personal injury lawsuit. If you are also suing a medical professional who knowingly used defective medical devices, CCP § 340.5 generally gives you three years to file a medical malpractice lawsuit.
Call KJT Law Group for Help With Your Defective Medical Implant and Device Lawsuit
You should be able to focus on healing right now. A product liability lawyer or a medical malpractice lawyer with KJT Law Group can handle the legal legwork of seeking compensation. Call us today at (818) 507-8525 for a free consultation.