Unfortunately, defective medical devices injure and kill thousands of people each year in the United States. Patients who trusted that the medical devices used for their treatment would make them feel better and give them a better quality of life were devastated to discover that the device only caused more harm.
Fortunately, state and federal laws provide the legal means for patients to hold medical device manufacturers and other parties legally responsible for their negligence and wrongdoing. The defective medical device attorneys of The Olinde Firm assist individuals and families in Louisiana and throughout the United States in filing defective medical malpractice claims.
Common Questions About Claims for Defective Medical Equipment
Question One: Do I still have a claim if I consented to the use of the medical equipment?
Doctors are required to obtain informed consent before beginning a course of medical treatment. The doctor should explain the benefits and risks of the course of treatment, including any risks that might be associated with the use of a medical device. Using a medical device of any type has certain risks.
However, a patient cannot consent to a risk that has been intentionally concealed. Also, a patient would never consent to the potential for injury because of a defect in the medical device. Therefore, you can file a defective medical device claim even if you consented to treatment. Whether you are successful depends on a variety of factors in your case that your New Orleans defective product attorney will investigate.
Question Two: Who can I sue for a defective medical device injury?
Several parties might be liable for injuries and damages caused by a defective medical product. Designers are typically held liable if there is an inherent defect in the design of the product. Manufacturers can be held liable if there is a problem in the manufacturing process that causes a defect. Distributors and sellers can also be held liable for failing to include all information related to the use of the product and any potential risks and dangers associated with the product in the packaging of the product.
A defective product lawyer carefully examines all factors to determine how the defect occurred, how the defect caused your injury, and who is responsible for the defect. In many cases, multiple parties might share liability for a defective medical product claim.
Questions Three: How do I pay for the costs of a defective product investigation, including attorney fees and experts?
A common concern that prevents many people from contacting a medical device defect lawyer in Louisiana is how to pay for advice. Most defective product lawyers accept cases on a contingency fee basis. Instead of charging a retainer fee, the attorneys agree to accept a percentage of the amount recovered as their attorneys’ fees. In other words, the attorneys aren’t paid until they recover money for your case.
Product liability claims, especially claims involving defective medical devices, can be very expensive to litigate. These cases typically require the use of various medical experts, manufacturing experts, engineering experts, and other experts in specific industries. In many cases, the client does not bear the burden of these fees alone. The fees are shared by multiple parties who have been injured by the same defective medical device.
Instead of wondering whether you can afford to file a defective medical device claim, talk to one of our attorneys free of charge. During a free case review you can learn about the process of filing a product liability claim, including the benefits you receive and how working with an experienced, skilled law firm with substantial resources can help you be successful in recovering the compensation you deserve.
Contact a New Orleans Product Liability Lawyer Now for More Information
Contact Attorney Fred Olinde and the other attorneys of The Olinde Firm to discuss your injuries caused by defective medical equipment. Call (504) 587-1440 or 1-800-587-1889 to schedule a free consultation with one of our Louisiana defective medical device lawyers.