Can You Sue for Injuries from a Faulty Medical Device?

If you or a loved one has suffered injuries due to a faulty medical device, you may feel overwhelmed and uncertain about your next steps. At Lombardi and Lombardi, P.A., we understand the challenges you are facing and are here to help you navigate the legal landscape. In this article, we will explain your rights, the legal process, and how you can pursue compensation for your injuries.

Understanding Medical Device Liability

What is a Medical Device?

A medical device is any instrument, apparatus, implement, machine, or similar article intended for use in the diagnosis, treatment, or prevention of diseases and other medical conditions. Examples include pacemakers, joint replacements, surgical mesh, and insulin pumps.

Types of Faulty Medical Devices

Faulty medical devices can fall into several categories:

• Design Defects: Flaws in the design make the device inherently unsafe.
• Manufacturing Defects: Errors during the manufacturing process cause the device to be dangerous or ineffective.
• Marketing Defects: Inadequate instructions or warnings fail to inform users of potential risks.

Legal Basis for Suing

If you have been injured by a faulty medical device, you may have grounds to file a lawsuit based on one or more of the following:

• Negligence: The manufacturer failed to exercise reasonable care in the design, production, or labeling of the device.
• Strict Liability: The manufacturer is held responsible for the defective device regardless of fault or intent.
• Breach of Warranty: The device did not perform as advertised or promised.

Steps to Take If You Suspect a Faulty Medical Device

Seek Medical Attention

Your health and safety should be your top priority. Seek immediate medical attention if you experience any adverse effects from a medical device. Document all symptoms, treatments, and medical visits related to the device.

Preserve Evidence

Keep the faulty device, its packaging, and any instructions or labels. Take photos of the device, any visible injuries, and relevant medical records. This evidence can be crucial in building your case.

Consult a Medical Malpractice Lawyer

Reach out to an experienced medical malpractice lawyer who specializes in product liability cases. At Lombardi and Lombardi, P.A., we offer free consultations to evaluate your case and guide you through the legal process.

The Legal Process

Initial Consultation

During the initial consultation, your lawyer will review your medical records, device information, and any evidence you have collected. They will determine if you have a viable case and discuss your legal options.

Investigation

Your lawyer will conduct a thorough investigation, which may include:

• Gathering additional medical records and documentation
• Consulting with medical experts to evaluate the device and your injuries
• Researching the device’s design, manufacturing process, and any history of similar issues

Filing the Lawsuit

If the investigation supports your claim, your lawyer will file a lawsuit on your behalf. This involves drafting and submitting legal documents that outline your case and the damages you are seeking.

Discovery Phase

Both sides will exchange information and evidence through a process called discovery. This may involve depositions, interrogatories, and requests for documents.

Negotiation and Settlement

Many cases are resolved through negotiation and settlement. Your lawyer will negotiate with the defendant’s legal team to reach a fair settlement that compensates you for your injuries, medical expenses, lost wages, and other damages.

Trial

If a settlement cannot be reached, your case may go to trial. Your lawyer will present your case in court, and a judge or jury will decide the outcome.

Potential Compensation

If you succeed in your lawsuit, you may be entitled to various forms of compensation, including:

• Medical Expenses: Coverage for past and future medical bills related to your injury.
• Lost Wages: Compensation for time missed from work and loss of earning capacity.
• Pain and Suffering: Damages for physical pain, emotional distress, and loss of quality of life.
• Punitive Damages: In cases of egregious misconduct, additional damages may be awarded to punish the defendant and deter future wrongdoing.

Why Choose Lombardi and Lombardi, P.A.?

At Lombardi and Lombardi, P.A., we have a proven track record of successfully representing clients in medical device liability cases. Our experienced attorneys are dedicated to fighting for your rights and ensuring you receive the compensation you deserve. We understand the complexities of these cases and are committed to providing compassionate, personalized legal representation.

Contact Lombardi and Lombardi, P.A. Today for a Free Consultation to Discuss Your Medical Malpractice Case

If you or a loved one has been injured by a defective medical device, the skilled attorneys at Lombardi and Lombardi, P.A. are here to help. With decades of experience in medical malpractice and product liability cases, our dedicated team understands the complexities involved in these claims and is committed to fighting for your rights. We provide comprehensive legal support, from initial consultations to thorough investigations and aggressive representation in court. Trust Lombardi and Lombardi, P.A. to guide you through the legal process and secure the compensation you deserve. Contact us today for a free consultation.