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What Is a Medical Device Lawsuit?

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The legal industry can be complicated, as complex circumstances surround many legal matters. For example, if you have suffered an injury through no fault of your own, there are several different types of lawyers that can assist you, depending on the situation. Suppose you have been involved in an auto accident that left you injured.

In that case, the best option for you to take is to retain the services of a personal injury lawyer who specializes in auto accidents. Conversely, a person who has been injured at work would do well to seek legal advice from a worker’s compensation lawyer. Someone who has sustained damages due to medical technology may have a medical device lawsuit on their hands.

What is a medical device case?


Typically, medical device cases involve one of the following elements:

  • Dangerous or defective medical devices
  • Faulty surgical instruments, prosthetics, or pacemakers
  • Problematic implants

Each of these can give rise to a medical device case, especially if it caused harm or death to a person who used it. Medical device lawsuits are not limited to non–FDA-approved products. In contrast, most of the products involved in medical device cases are approved by the FDA. Despite passing the FDA’s regulatory requirements, medical devices may still become defective due to their design or manufacturing process.

Which type of attorney handles legal matters involving medical devices?


Depending on the specifics of your lawsuit, you could benefit from seeking legal help from business litigation and a personal injury firm like the offices of Heninger Garrison Davis. Conversely, aspects of your case may require the expertise of health law or commercial litigation specialists, like Howard Fensterman. Scheduling a consultation is the best way to determine which type of lawyer will serve your needs most appropriately. Most firms offer free or low-cost consultations.

A consultation from a seasoned professional will provide you with more insight regarding the best way to handle your specific case. Every situation is different, so it may be challenging to make a decision on your own based solely on the information you find on the web. The most important thing to do after you or a loved one has been wrongfully injured is to seek legal advice. Reporting your injury to the appropriate parties is incredibly important to your case. To ensure you receive total and fair compensation for the damages arising out of your claim, it is best to be well-documented and prepared.

What kinds of devices are most commonly involved in medical device suits?


Sometimes, medical device suits arise after a specific technology or tool has been recalled. If a medical product has been recalled, that typically means that it has proven to be hazardous or even fatal to patients’ health. Common medical devices involved in lawsuits include metal hip replacement devices, transvaginal mesh, and IVC blood clot filters. Da Vinci, the brand responsible for robot surgery equipment, has also been involved in numerous lawsuits, which resulted in government warnings.

Being involved in a lawsuit can be stressful. However, an attorney with years of experience can help lessen your burden. Dealing with insurance agents, communicating with health care providers, and collecting evidence is a huge responsibility. Without the proper legal knowledge to back your actions, your rights could be at stake.

Additionally, keeping track of your finances and well-being should be your first priority. After you or a loved one has been involved in an injury, the last thing you need is to be on and off the phone all day. Give yourself the peace of mind you need to heal physically and emotionally by consulting with an expert.