Most people trust that medical devices used to treat medical issues are safe. They expect that they will feel better after the device is used, not worse. Sometimes, medical devices may be defective or used for unintended purposes, which can make your medical problems worse or even create new ones. If this ever happens, you have the right to seek damages from the manufacturer, hospitals, or doctors who are at fault.
Medical Device Manufacturers Are Usually Strictly Liable for Your Injuries
Most jurisdictions hold medical device manufacturers strictly liable for any injuries you suffer as a result of the use of their products. These might include a faulty pacemaker, heart valve, prosthetic knee, trans-vaginal mesh, or any other device. For medical device lawsuits, you will argue that the specific medical device was defective in that it was manufactured improperly, or that all of the medical devices are flawed because of a design flaw. When many people are affected, they can join together to file a mass tort.
Proof That the Defect Caused Your Injuries
Convincing a jury that a manufacturer's medical device was designed or manufactured improperly isn't enough to win your case. You will also need to show that that the device was the reason for your injuries. Lawyers for the manufacturer may try to blame your injuries on something other than the medical device, so you need to be prepared with as much evidence as possible.
Your Doctor May Be Responsible for Your Injuries
In some cases it isn't the device that causes your injury, but a doctor's error or decision to use it in ways in which it wasn't intended. In this case, you may want to sue your doctor instead of the manufacturer, claiming that the doctor was negligent to use such a device. To prove negligence, you need to show that the doctor failed to exercise great care or sound judgment. However, you'll still need to convince a jury that the medical device was the cause of your injury.
A personal injury lawsuit involving a medical device can provide you with money damages that cover the cost of obtaining medical treatment for your injuries; wages you lost or will lose because of the injury; and amounts for your emotional distress, physical pain, and inconvenience. In some cases, you may even be awarded punitive damages that serve as incentive for the defendant to make sure similar injuries don't happen again.
A Personal Injury Lawyer Can Help
The law surrounding personal injury caused by medical devices is complicated. Plus, the facts of each case are unique. This article provides a brief, general introduction to the topic. For more detailed, specific information, please contact a personal injury lawyer.