There’s no arguing that advances in medical technology have saved countless lives and elongated the average lifespan. But there are times when medical technology doesn’t act as intended or suffers a defect that causes serious user injuries.
In cases like these, you may be entitled to compensation through a product liability lawsuit. And that probably led you to ask, “What is a medical device lawyer?”
Lawyers often specialize in different areas of law, allowing them to build better cases and develop networks of reliable experts and case resources. Lawyers who specialize in fighting for clients who have suffered an injury from a defective medical device, regardless of whether the device is implanted, are known as defective medical device lawyers.
How can a defective medical device lawyer help me?
If you’ve been injured by a defective medical device, you may not immediately consider legal action. You may be focused on your recovery and not realize that you have legal recourse. A defective medical device lawyer will know what options are available to you.
Does my case count?
A defective medical device lawyer will clarify any questions you have about whether your case qualifies as product liability. Do not assume that your case doesn’t qualify just because you did not have a foreign medical device implanted.
Mesh patches, intrauterine devices, catheters, and bone grafts may all be considered medical devices. Products used during those medical services also are considered medical devices, so defective surgical tools, and similar instruments also may be included in a defective medical device lawsuit.
Defective Medical Device Lawsuits are Complicated
When it comes to defective medical device lawsuits, there are many potential defendants. Florida product liability law specifically mentions parties involved in the product’s manufacture, construction, design, formulation, installation, preparation, or assembly.
The required investigation into the product’s possible defects adds another layer of complexity to an already complicated case. A Florida defective medical device lawyer can navigate the nuances of product liability law to build the strongest case possible.
In addition to the complications caused by the sheer number of case variables, Florida law limits how long you have to file a product liability claim. In most cases, you can file a product liability lawsuit within four years of realizing the product-related injury. But there are exceptions. That’s why you must work with an experienced Florida defective medical device lawyer.
Fault Determination Could Affect Your Compensation
Florida liability law follows a comparative fault rule. This means that your compensation will be affected if you’re found to have contributed to the harm caused by a defective product. You must work with a Florida defective medical device lawyer who will fight for you and the compensation you deserve.
A defective medical device can send medical bills skyrocketing, forcing you into debt even as you struggle to imagine returning to work or fully recovering from your injury. A defective medical device lawsuit may allow you to recoup costs for corrective surgeries, additional treatments and medications, lost income, and other costs.
How does this type of case differ from a medical malpractice case?
A defective medical device or product liability lawsuit focuses on the device itself and how the device was designed, manufactured, and marketed.
Medical malpractice lawsuits focus on the actions of healthcare providers, such as the installation or use of a medical device.
If a doctor implants the wrong device and that device causes an injury that you wouldn’t have otherwise sustained, you may sue the medical provider for malpractice. If a doctor correctly implants a medical device, but the device itself causes harm through defective or faulty behavior, then you can pursue a product liability lawsuit against those involved in the creation and distribution of the device.
Contact a Defective Medical Device Lawyer Today
It’s difficult to process that a medical device handled by medical professionals has betrayed its purpose and caused you further harm. It’s even more difficult to deal with the fallout of a defective medical device while trying to hold those involved accountable.
Lytal, Reiter, Smith, Ivey & Fronrath have won their clients millions of dollars in product liability lawsuit settlements. That money can go toward helping you recover, emotionally, physically, and financially from a defective medical device injury.
Let a Florida defective medical device lawyer fight for the help you need. Contact Lytal, Reiter, Smith, Ivey, & Fronrath today for a free defective medical device case evaluation.
