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What Makes a Medical Device Defective?
Like other products sold in the U.S., medical devices must be designed, manufactured and distributed while still meeting the safety standards that dictate their existence and use. It remains the manufacturer’s sole responsibility to ensure that each product they produce falls within safety standards set by the government. Additionally, even though their devices have been examined, tested and approved by one or more governmental regulatory agency, that does not make a medical device manufacturer any less liable for not adhering to these legal rules and regulations.
If the manufacturer of a device is found to sell a product that is not safe for use, whether it be unreasonably dangerous or defective in some way, that company can be held liable for any injury a patient receives due to use of the product. Any known risks associated with use of the product must be fully disclosed to both patients and the healthcare providers that recommend these products so that they have the ability to make informed choices regarding whether or not the benefits outweigh the risks of using them.
Failure to warn claims are often a large part of these cases. They can arise when manufacturers choose not to disclose known risks and as a result may be held liable for any injuries that occur in connection with that risk.
How Can an Illinois Defective Medical Device Lawyer Help?
Product liability cases are often very complex because they involve injuries to the human body. When injuries to a person are involved, a medical device manufacturer can claim that any injuries were not due to their defective products, and instead hire a team of lawyers to point the blame elsewhere.
An Illinois defective medical device attorney can be a valuable asset to an injured party. He or she can help by:
- Representing client interests while interacting with device manufacturers or their insurance companies
- Investigating what causes the device to fail and injure patients
- Meeting with experts to determine the true cause of injury and its effects on the injured individuals
- Filing a lawsuit on the client’s behalf
- Gathering all documents related to a claim If necessary, advocating for injured individuals in court
One of the complexities of these cases arises because of how differently each patient can react to an injury from a medical device. An Illinois defective medical device lawyer may also assist injured patients in learning the true value of their individual case, based upon the facts and circumstances of that matter, and determine how much compensation they may be entitled to receive.