Defective Medical Devices
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Has a Defective Medical Device Caused You Injury?
We are fortunate to live in a time when patients who receive medical care for their injuries or even a routine check-up with their doctor or medical professional can expect to rely on new and advanced medical technology to aid in their journey through recovery. However, with these new medical inventions and advancements, many have tried to stay in the race by releasing products that are either poorly designed or created with materials that do not stand the test of time.
Whether the medical device ranges from stethoscopes and tongue depressors to the most complex types of devices, such as surgical robotics, you should never have to wonder if the medical device being used on you or your loved ones will cause them to suffer from harm. If you have suffered an injury or have lost a loved one due to a defective medical device, you may be legally entitled to financial compensation. Contact a Morgan & Morgan attorney today to receive a free case evaluation.
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FAQ
Get answers to commonly asked questions about our legal services and learn how we may assist you with your case.
What Are the Most Common Types of Defective Medical Devices?
When receiving medical care, you should be able to count on the medical equipment being clean and safe when used to offer you or your loved ones treatment. However, in some cases, companies or their manufacturers may allow defective products to be released on the market, which in turn may eventually find its way to you and cause severe or even life-threatening injuries. Some of the more common types of damaged or defective medical equipment include:
- Defibrillators
- Hernia and Pelvic Meshes
- Hip replacement
- Infusion ports
- Insulin pumps
- IVC blood clot filters
- Pacemakers
- Surgical lasers
Defective medical products may also include defective medications, like birth control, pain medications, and, in some cases, drug-coated stents. For more information about defective medical devices you may have suffered an injury from, contact a Morgan & Morgan attorney today to receive a free case evaluation.
Who Is Liable for My Injuries?
If a defective medical device causes your injury, you may be eligible to bring a suit against any party in the distribution chain. For example, suppose a defibrillator, a device that provides an electric shock to your heart to allow it to get out of a potentially fatal abnormal heart rhythm or arrhythmia, should fail to administer the dose of electric current to your heart properly due to a defect and it causes an injury. In that case, you may be eligible to recover compensation from either the retailer, wholesaler, manufacturer, or any other party in the chain of distribution.
In some cases, if the medical professionals handling your medical care knew the product they were using on you was defective, you may be able to file a medical malpractice lawsuit. The best way to determine who may be liable for your injuries would be to work with an experienced attorney like the ones at Morgan & Morgan. For more information regarding your injury claim, please complete our free case evaluation form, and one of our defective medical device attorneys will be in touch.
What Could I Recover for My Damages?
If you have suffered an injury or lost a loved one due to a defective medical device, you may be entitled to recover compensation for one or more of the following:
Medical Bills: After you’ve suffered an injury due to a defective medical device, you will most likely need to receive medical care such as tests, treatment, hospital stays, and outpatient care to address immediate injuries. However, it may not end there. In some cases, medical care could be required on an ongoing basis, especially if there are severe or permanent injuries involved. In the end, your medical bills could amount to thousands or even hundreds of thousands of dollars.
Lost wages: After you were injured, you missed work. Say you needed to use your sick days to go to doctor's appointments, or perhaps you were in the hospital and had to take a lot of time off of work. Whether it's the loss of a few days or the inability to work going forward, you may be eligible to recover compensation for your lost wages as well as for the loss of earning capacity.
Loss of consortium: Also known as loss of companionship, may be claimed after you or a loved one have suffered injuries to such an extent that you can not truly carry on a complete relationship with your spouse or partner or if your injuries have taken you, or your partner's life.
Emotional Distress: Victims who suffer injuries due to a defective medical device or who have lost a loved one may suffer anything from anxiety, depression, or post-traumatic stress disorder.
Speaking with an experienced attorney can help you build a better picture regarding what you may be eligible to recover for your injuries. To learn more about your case and what you may be eligible to recover, contact a Morgan & Morgan attorney today.
Can I File in Place of a Loved One?
Those who have lost a loved one due to a defective medical device may be eligible to file a wrongful death claim. A wrongful death claim allows the survivors of an individual or individuals killed due to a defective medical device to file claims against the negligence or misconduct of another individual or party. If you have lost a loved one due to a defective medical device, speaking with an experienced attorney can help you understand and weigh your options.
For more information about filing in place of a loved one, we highly encourage you to contact a Morgan & Morgan attorney today by completing our free, no-obligation case evaluation form. Once completed, our attorneys will review your case and help you determine the best course of action.
Do I Qualify to File a Lawsuit?
After you or a loved one has suffered an injury due to a defective medical device, you may be wondering who is liable for your damages and if you are eligible to file a claim. Don’t wait to contact a Morgan & Morgan attorney for more information regarding your case. Defective medical devices can cause catastrophic injuries or even death. Learn more about how a Morgan & Morgan attorney may be able to help you by completing our free, no-obligation case evaluation form today.
Can I Afford a Morgan & Morgan Attorney?
When you decide to work with a Morgan & Morgan attorney, you will always be able to afford our legal services. Our attorneys do not charge hourly rates or any upfront fees, as they work on a “contingency fee,” meaning they will only get paid if they win your case. Using the contingency method allows you to gain access to a quality attorney you may not have otherwise been able to afford should you have been required to pay an hourly rate.
For over 35 years, our mission has been to help those who are in need get the justice they deserve, and we want to help you too. If you have suffered an injury or lost a loved one due to a defective medical device and have questions regarding your case and how our contingency fee works, contact our law firm today by completing our free, no-obligation case evaluation form.
How Can a Morgan & Morgan Attorney Help?
At Morgan & Morgan, we ensure all of our clients are well cared for. When you decide to work with one of our attorneys, they will be with you every step of the way. Your attorney and their supporting staff will work round the clock to ensure you have the strongest case possible. They will work with you to review your medical records to connect your injury to the defective device, hire renowned medical experts to testify in your case, and analyze any documents or evidence to help boost your chances of recovering the compensation you and your loved ones deserve for your injuries.
Learn more about how a Morgan & Morgan attorney may be able to help you by completing our free, no-obligation case evaluation form. For over 35 years, we’ve helped thousands of clients get the justice they deserve after they’ve suffered an injury or lost a loved one due to a defective medical device, and we want to help you, too.