Dangerous and Defective Medical Devices
Medical devices, likeprescription drugs, are supposed to help cure a medical condition. According to the Food, Drug & Cosmetic Act, a medical device is defined by having these characteristics:
- Intended to diagnose, cure, mitigate, treat, or prevent a condition or disease
- Affects the function or structure of the body
- Does not use a chemical reaction to achieve its intended effect
- Is not metabolized to achieve its intended effect
Obviously, this encompasses a wide range of items, defibrillators, replacement heart valves, and replacement joints. Unfortunately, these devices, through defective design, manufacture, packaging, or use, can cause serious medical injury.
If you have been injured as a result of a defective medical device, you may be facing significant additional medical expenses, a lifetime disability, even death. You deserve compensation for these injuries, but getting it can be difficult. Numerous medical and legal issues may prevent you from getting the compensation you deserve and need to pay bills. To increase your odds of getting compensation, you need to work with a law firm that has experience dealing with these complicated issues. The attorneys at Schlichter, Bogard & Denton are recognized leaders inpharmaceutical litigation and know how to handle lawsuits with complicated medical and legal issues. Schedule a consultation today to learn how we can help you get the compensation you deserve.
Defective Medical Devices
A medical device can be considered defective for a number of reasons:
- Design defects make the device unsafe or ineffective for intended use
- Manufacturing defect in which not all devices fulfill design parameters
- Failure to warn users of potential risks
In all these cases, users can suffer dangerous, even deadly consequences.
Compensation for Your Medical Device Injuries
When you have been hurt by a defective medical device, the amount of compensation you may be entitled to depends on the extent of your injury. In general, you may be able to receive compensation for:
- Past and ongoing medical bills including surgery to remove the device if necessary
- Lost wages and diminished earning capacity
- Permanent partial or total disability
- Diminished quality of life
- Pain and suffering
These damages can be recovered from the designer, manufacturer, and marketer of the device, the supplier of the device, the prescribing physician, the surgeon(s) who implanted the device, and the hospital at which the procedure was conducted, especially if medical negligence was a factor in your injury. All of these parties often know they are responsible but will seek to avoid paying for the full measure of your injuries and enlist extensive legal aid to do so.
Winning Your Case
To have a chance of winning your case and getting compensation for your injury caused by a defective medical device, you need the help of a law firm with established expertise in complex lawsuits involving significant medical and legal details, a firm with nationwide resources to go against those responsible for your injury, a firm with a reputation among lawyers and judges that carries weight with defense attorneys. Schlichter, Bogard & Denton is such a firm. We have a long track record of standing up for the rights of victims. We can stand up for you.Schedule a consultation today.