Do you rely on a medical device to treat a health condition? Have you had to have an implant to treat a medical problem? If so, you are one of the millions of Americans who have faith in a manufacturer to produce a safe, reliable medical device to treat your medical problem. However, instead of providing life-saving benefits, some medical devices have defects that can cause errors in the way the device operates. Sadly, medical device errors can result in severe injuries or complications that may cause permanent disabilities or death.
Filing a Claim for a Medical Device Error
or Defective Medical Device
Lawsuits and claims involving medical devices can be exceedingly difficult and complex. Most of these cases involve product liability laws. Therefore, the cases involve proving negligence or strict liability on the part of one or more defendants. With strict liability cases, you only need to prove that the medical device caused an injury. However, negligence cases can be more difficult. With a negligence case, you must prove that a party:
- Owed you a duty of care;
- Breached the duty of care; and,
- The breach was the result of your injury.
For a defective medical device case, proving that the product was defective, or the defendants failed to warn about a potential risk is essential. In many cases, this step can be one of the most difficult steps in proving negligence and liability. Experts and investigators analyze the facts to determine if a defect in the manufacturing process caused the medical device error, the product was defective in its design, or, the produce was defectively marketed. If you cannot prove how the medical device was defective, it is impossible to prove that the defendant is liable for your damages.
Our experienced New Orleans defective medical device attorneys work closely with industry experts who evaluate medical devices and determine how the defect occurred and how the defect caused your injury. By working with industry experts, we can gather the evidence needed to prove a manufacturer, retailer, distributor, or other party was negligent in designing, producing, and/or marketing a defective medical device.
Medical Devices That Can Have Errors That Cause Injuries
Even though medical devices are developed following established standards, some devices reach the market that cause injuries. Those errors can be potentially deadly for patients. Any medical device could have the potential for causing an injury because of an error or defect. Some products are recalled before they can cause serious injuries. However, some defendants may try to conceal errors and defects.
Some common medical devices that have been associated with causing injuries because of errors include:
- IUDs
- Breast Implants
- Stents
- Shunts
- Ventilators
- Knee and Hip Replacements
- Dialysis Filters
- Pacemakers
- Defibrillators
The Olinde Law Firm handles a variety of defective medical device cases. We can help you file a claim seeking compensation for your injuries, losses, and damages.
Call for a Free Case Review
Contact Attorney Fred Olinde of The Olinde Firm for a free consultation to discuss your injuries caused by a medical device. Call our office at (504) 587-1440 or 1-800-587-1889 to speak with a nationwide defective medical device attorney.