Can I Get Compensation If I Was Harmed by a Defective Medical Device?

October 19, 2020

Medical devices play an important role in healthcare, a defective medical device can be dangerous to a patient. These medical devices. when working properly, save lives, prevent illness, treat injury, and improve mobility. Many people wouldn’t be able to survive without them. However, like other pieces of equipment, medical devices can fail or malfunction, thereby harming the individual they were supposed to help. Defective medical devices can even lead to death in serious cases.

 

To prevent medical devices from harming patients, manufacturers are governed by strict rules. If they fail to produce a safe product and someone is harmed as a result, the victim can seek compensation. These cases are usually complex and there may be more than one defendant involved. In fact, cases involving medical devices aren’t purely product liability cases. If you suspect that a defective medical device caused you harm, you should contact a Georgia medical malpractice attorney.

 

Medical Devices Explained

 

Medical devices span a wide gamut. They include pacemakers, cosmetic implants, heart stents, insulin pumps, joint replacements, and transvaginal mesh. Diagnostic machines and laser surgical instruments are also medical devices.

 

The U.S. Food & Drug Administration sees a medical device as a product that is intended to diagnose, cure, mitigate, treat or prevent disease while affecting the structure or function of the body. To differentiate a medical device from a drug, the product must not achieve its principal purpose through chemical action in or on the body. The (FDA) Center for Devices and Radiological Health governs medical device manufacturers.

 

Holding an Individual or Entity Responsible for Your Injuries

 

Manufacturers can be held liable for any injuries or loss of life that occur because of their product when used as intended. The defect may be in the design of the device, the manufacturing, the testing or the accompanying warnings.

 

Some devices are inherently dangerous because the design was flawed. Others cause harm because defects were introduced during the manufacturing process even though the design was safe. Maybe the manufacturer cut corners and used inferior materials or the device was assembled incorrectly.

 

A medical device may also result in injuries because the manufacturer didn’t test it adequately or hid test results that showed it was dangerous.  Device manufacturers who fail to warn about the dangers of side effects of their products can also be held responsible for any resulting injuries.

 

It is not only medical device manufacturers who can be held responsible if you suffer harm. In some situations, the defendant could be your doctor. A Georgia medical malpractice lawyer can advise you as to whether this applies to your situation. The doctor may have failed to inform you about how to use the equipment or neglected to warn you about known dangers associated with the device. If so, they may be liable if you get hurt. If a medical facility provided you with the device, they may also share some of the responsibility.

Calculating Your Losses

 

You should be able to get compensation for the money you lost as a result of your injuries as well as any non-economic losses you suffered. Each defective medical device case is different but generally, victims can claim compensation for medical expenses, lost wages, and pain and suffering. Economic losses are easy to calculate since you’ll have receipts, invoices or pay stubs as evidence.

 

However, your attorney will have to estimate how much an intangible loss like pain and suffering is worth. They may retain the services of experts to assist with this. Keeping a journal about how the injury has affected your everyday life can also help to prove the extent of your suffering.

 

Call Joe Durham Jr. P.C. to Discuss Your Defective Medical Device Case

 

If you believe you have been injured by a defective medical device, you need to contact a lawyer as soon as possible. Medical malpractice cases need to be handled carefully and it will take time to gather the necessary evidence. Since doctors and hospitals have experienced legal teams on their side, you don’t want to go up again them unrepresented.

 

You must have help from an experienced, competent attorney. Otherwise, you may end up not getting any compensation at all. Call the Georgia medical malpractice attorneys at Joe Durham Jr. P.C. to ensure no one takes advantage of you during this difficult time. Your first consultation is free, and you’ll get expert legal advice with no obligation to hire us. If you do choose to work with us, you don’t have to pay any fees until we get compensation for you. Call us today to book a case review.