Defective Medical Device Injuries: Next Steps to Take

Defective Medical Device Injuries: Next Steps to Take

Posted By The Maher Law Firm || 18-Dec-2017

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.

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