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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 a Nevada Defective Medical Device Lawyer?
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.
A Nevada defective medical device attorney 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, a Nevada defective medical device lawyer can help an injured party determine the possible compensation to which he or she may be entitled.
How a Nevada Defective Medical Device Lawyer Can Help
Patients who are injured by a defective medical device may be entitled to compensation for damages, including:
- Medical expenses
- The permanency of the injury
- Pain, suffering, and mental anguish
- Loss of income or ability to work
If a patient dies from complications related to a defective medical device, family members may be entitled to compensation for the wrongful death of their loved one, including:
- Conscious pain and suffering of a loved one prior to death
- Pain, suffering, and mental anguish from the loss of a loved one
- Funeral expenses
Patients who have suffered severe complications from a medical device as well as the families of those who have died as a result of complications with the device, are encouraged to seek the advice of a Nevada defective medical device lawsuit attorney to learn more about their rights and remedies.