Did you know that medical devices have been linked to 80,000 deaths and 1.7 million injuries in the past decade?
The US passed the Federal Food, Drug, and Cosmetic Act in 1938, giving the US Food & Drug Administration (FDA) the ability to regulate the medical device industry. Despite this authority, the industry remains largely unregulated. The FDA may approve medical appliances with high death rates as long as the manufacturer informs the patient about the risk.
Have you been injured by a medical appliance or device? What type of lawyer should you consult? Keep reading to learn how a defective medical device lawyer can help you.
1. Help You Understand Your Rights
Faulty medical devices can include surgical instruments, prosthetics, and implants. The defect can lie in the design of the device itself, its manufacturing process, or its marketing strategy. If you or someone you know was injured or has died because of a medical device, you need to understand your rights.
The legal system involves a lot of paperwork and deadlines. When dealing with aggressive counsel on the other side, you can end up being forced into unfair settlements. You can also end up missing important deadlines that can end up making you lose the case on a technicality.
Product liability lawyers have the right expertise to make the process simpler and easier to understand. After understanding your situation, they can take you through your rights and obligations. Based on prior experience with similar cases, they can also let you know what kind of compensation you can expect.
2. Help You Learn About Defective Medical Devices and FDA Recalls
For an ordinary person, reading about medical terminology and processes is intimidating. Without some basic understanding of medicine and the law, you can end up getting confused about your rights and obligations. Even for something as simple as a metal hip replacement, you need to know about the device design that can lead to implant failures or metal poisoning, which has led to many lawsuits.
The FDA has a list of medical device recalls that you can take a look through to see if your medical device is listed. Lucky for you, personal injury attorneys have the necessary background to make this simple for you. They have access to medical experts and the right contacts to guide you through the process quickly.
3. Handle the Complexity of Your Case
The more complex your case, the more important it is to have an expert on your side. You can end up making life more difficult for yourself without these experts. If you’re dealing with a medical condition and an injury caused by a medical device, you don’t want to spend time and energy trying to figure out what an “IVC Blood Clot Filter” or “transvaginal mesh used in pelvic organ prolapse surgery” is.
A defective medical device lawyer will have the knowledge at their fingertips. You won’t have to spend precious time going through medical studies and journals trying to figure out what the terminology means. You have more important things to worry about, like your health and your family.
4. Determine Fault and Compensation
One of the big questions that you are probably wondering about is who is liable for any defective medical device. An experienced lawyer can help you understand these legal concerns. They can help you determine what compensation you should ask for and will negotiate on your behalf.
At a high level, manufacturers and sellers of defective devices are responsible for any harm caused by the product. They must provide adequate warning about any possible risks of the device. Understanding faults and risks can help you put your best foot forward during a negotiation.
5. Have Someone Experienced on Your Side
When dealing with a defective medical device, you’re going up against some powerful companies. Manufacturers of medical devices and pharmaceutical companies are not on your side. You can end up getting blindsided by a much lower settlement if you don’t have the right advocates on your side.
It can feel lonely and daunting when faced with complex medical and legal terminology designed to confuse you. With the right lawyers on your side, you will have a team that has years of experience and proven results. You can also take advantage of the contingency fees system that ensures that you don’t have to pay anything until you win your case.
6. Get a Fair Settlement for Your Losses
Your settlement is not just about your medical expenses. There are many other factors that you need to consider including future medical bills, lost wages, and wrongful death damages. Without someone with experience in the area, you can end up settling for a much lower amount than you deserve.
What is a fair settlement? This depends on the specifics of your situation. When you deal with an experienced defective medical device lawyer, they can take you through the details of a settlement including expert testimony on what your future medical expenses can look like. They can take you through similar cases from their past experiences that can give you a sense of what to expect in the future.
This is the kind of value that a lawyer can bring to the table that you cannot get anywhere else. There is no book you can read that will have this information. It all comes from experience in the area.
Contact Your Defective Medical Device Lawyer Today
Hiring a defective medical device lawyer means that you are choosing someone with the right experience in a niche area. This can help you get the best possible compensation for your situation. The lawyers at Heard Law Firm are champions for those who have been wrongfully harmed by dangerous drugs and medical devices.
Contact us today to get a free case evaluation. Our product liability lawyers will go above and beyond to understand your case and offer the best advice. You can rest assured that you have the best working for you and your rights.
