Category: Lawyer Services

The product liability case against defective medical devices is now made simple with the help of personal injury lawyers. The liable persons could be the device manufacturers, wholesalers, retailers or anyone else in the supply chain management system. The lawyer can prove the liability on the basis of defective mechanism in the product, negligence on part of the quality assurance department or negligence on part of retailers (selling without testing the device). Once the responsible person is identified and liability is proved, your lawyer can help you in getting the right amount of compensation money from the liable persons.

Lawsuits against Defective Medical Devices

If you wish to get assured justice and compensation on time, is the first place you need to visit for finding the best personal injury lawyers. They have the experience and expertise in determining the root cause of the defects and conduct result oriented investigations into the defects.

Evidence for Causation of personal Injury

Getting the foolproof evidence for the causation of the personal injury from the device could be a tricky task. For example, a fluid removal device can malfunction while removing the pus and other poet operative fluids. This leads to retention of the fluids, causing infection and disease in the surgical area.

  • The causation might be due to the negligence of the surgeon or his aid who failed to remove the liquids completely from the surgical area. The second possibility is the defective device which failed to function efficiently.
  • Te task of your personal injury lawyer is to determine the exact cause and prove the liability of the related person. For this, he takes the help of an independent specialist surgeon who has experience in handling such issues. They study the diagnosis, treatment, surgery and post-surgical treatments in detail and conduct an analysis. Their first task is to zero in on the root cause by eliminating the probability of other causes. This process may consume time and take a lot of efforts by the specialist and your lawyer.
  • The probability of disproving the causation by the liable party is also high. For example, the manufacturer may claim his innocence and blame the supplier or the hospital staff for device misuse which caused the failure. In such instances, your lawyer and the specialist can categorically prove the liability based on the micro level evidence which they collected during investigations.

Strict Liability for personal Injury

Once the evidence of strict liability is proved in the court of law it becomes easy for your lawyer to get you the compensation. There are certain basic guidelines which you have to follow after you observe the injury in the post-surgical period.

Lawsuits against Defective Medical Devices

  • Get emergency medical help from a reliable hospital in your city.
  • Approach the personal injury lawyer and get his advice. He will be able to guide you to the right surgeon who can heal your infections and assist in getting the evidence for a defective medical device with your lawyer. The medical reports and post-surgical treatment reports can be helpful in finding the exact type of infections which automatically lead to causation investigation.