Defective medical devices like faulty surgical instruments, implants, pacemakers, and various prosthetics
can cause serious injuries or death. Depending on the situation, a person
who has been harmed by a defective medical device can bring about a product
liability or medical malpractice claim to recover the damages that they
have suffered. In this blog, we explain what steps to take if you or a
loved one has been seriously injured by a defective medical device.
Step #1: Determine the Statute of Limitations
Figuring out the statute of limitations for the type of claim you plan
to file is the first step you need to take. While all states have a set
period of time to file a lawsuit, cases involving medical products often
work differently. This is because there can be a large amount of time
that passes before a patient becomes aware of their injuries. Some states
have what is referred to as a discovery rule. This rule makes it so that
the time period for filing a lawsuit does not begin at the time of the
injury. Instead, the filing period starts when the injured person becomes
aware of their illness or damage.
Step #2: Product Liability or Medical Malpractice?
Plaintiffs in defective medical device cases can sometimes raise the issue
of the manufacturer's or other provider's failure to adequately
provide warnings about the potential dangers of their products. Because
there is a fine line between a product liability claim and a medical malpractice
claim, you should consult with a lawyer to determine which one applies
to your case.
Step #3: Learn About FDA Regulations
The Food and Drug Administration (FDA) is responsible for regulating the
safety and effectiveness of medical devices. Learning about the standards
and practices that medical device manufacturers must comply with can help
you strengthen your lawsuit.
Have you or a loved one been injured because of a defective medical device? Contact our Orlando team of defective medical devices attorneys
to schedule a consultation.