It would be nice if there were a law that stated damages from all defective medical devices that are recalled had to be paid by the device’s manufacturer. It would also be nice if the FDA would recall all defective medical devices promptly. However, neither is the case.
There are laws that state a manufacturer is liable for damages caused by a defective medical device, but you must prove that the device was defective and it caused your injury. The FDA works diligently to notify the public of defective medical devices and risks associated with using some devices, but the FDA does not ensure everyone who uses a device will not suffer harm.
Therefore, how do you prove that a medical device injured you? You contact a New Orleans defective medical device attorney for help.
Proving a Medical Device Caused an Injury
Proving medical equipment is defective can be challenging. Even though extensive research and testing may have been conducted on the device, additional testing is often required to prove the device was defective and caused harm.
We utilize legal tools to gather information regarding the manufacturer’s testing and researching regarding the medical equipment. However, independent testing is often used to determine and verify:
- How the product is defective;
- When during the development, testing, or manufacture of the product the defective occurred;
- Who is responsible for the product’s defect;
- How the defect could have caused injury to a patient; and,
- Whether the defect could have been prevented.
We must have evidence proving that the product was defective, the manufacturer knew or should have known about the defect, the manufacturer did not do anything to correct the defect or warn the public, and the defect caused your injury. If we cannot prove all legal elements of a product liability claim, you cannot recover compensation for your injuries and damages.
What Should You Do If A Medical Product Injures You?
If a medical product causes an injury, seek immediate medical assistance from your doctor. Write down everything your doctor tells you about your injury and how your injury might have occurred.
Keep the medical product in a safe location where it cannot cause any additional injury or harm. Make sure that you keep the box, instruction manual, and any other information that you received with the product. If possible, locate proof of purchase for the medical product, such as a receipt, credit card statement, or canceled check.
Contact a New Orleans product liability attorney for a free consultation. An attorney reviews your case to determine the steps to take next. Your attorney may immediately report the adverse event to the FDA. He may also consult with health care experts and medical device experts as he begins researching the cause of the defect and how the defect caused your injury.
Contact a New Orleans Defective Medical Device Attorney for a Free Case Review
It can be difficult to know whether you have a valid legal claim for a defective product injury. Attorney Fred Olinde and the lawyers of The Olinde Firm provide free case reviews so that you can get the information you need about defective medical product claims.
Call (504) 587-1440 or 1-800-587-1889 to schedule a free consultation with one of our New Orleans product liability lawyers. We can help you seek the compensation you deserve after being injured by a defective medical device.