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What Makes a Medical Device Defective?
Like all products, medical devices are required to be manufactured and sold in a condition that is neither defective nor unreasonably dangerous. With certain exceptions, the fact that these products have been tested or approved by regulatory agencies does not exempt them from these legal requirements.
If a device maker sells a product that is found to be defective or unreasonably dangerous, it can be held liable to a patient injured by the product. If the medical device has a known risk that comes with its use, those risks must be disclosed to patients and healthcare providers so that an informed decision can made when considering whether to use the device to treat a particular medical condition.
If a device maker fails to warn of known risks, it can also be held liable for injured related to the risk. These types of cases are called failure to warn claims.
Why Choose an Alabama Defective Medical Device Attorney
While most product liability cases are complex, the fact that injuries caused by defective medical devices involve the human body can make these types of cases far more complicated. Medical device companies typically do not admit that a defect with their product caused an injury, and they can employ teams of lawyers to defend their positions.
An Alabama defective medical device lawyer can help injured patients by:
- Investigating the device and the mechanism of injury
- Consulting with experts to determine the cause of injury
- Representing his or her client’s interests in dealings with the device company or its insurance company
- Compiling documents needed to pursue a claim
- Advocating for the client in court
Additionally, as medical device injuries are often unique to a particular patient, an Alabama defective medical device lawyer can help an injured party determine the possible compensation to which he or she may be entitled.
How an Alabama Defective Medical Device Attorney Can Help
Medical device makers have a duty to provide safe products. If there are risks of harm associated with their devices, they also must provide adequate warnings. If a device maker fails to fulfill this duty, it could be held liable in lawsuits for injuries that may result.
People injured by a defective medical device may be eligible to recover money for:
- Medical Expenses
- Lost Wages
- Pain and Suffering
If a medical device causes the death of a patient, family members may be able to pursue a claim for the wrongful death of their loved one and seek compensation for funeral costs, medical expenses and pain and suffering experience prior to death, loss of economic support, and loss of the deceased person’s companionship.