Millions of people across this country depend on medical devices for their health and well-being. However, when medical devices malfunction, they can lead to significant injuries or illnesses for
Medical Device Defects – Defective Product or Medical Malpractice?
The first step in understanding a medical device defect claim is determining whether or not to proceed with a product liability lawsuit or a medical malpractice lawsuit. Nautical device defects could result in either type of claim, depending on the circumstances surrounding the incident.
Product liability claims get filed if the careless or negligent actions of a device manufacturer led to the injury or illness, while medical malpractice claims get filed against negligent medical providers who cause harm to a patient. For example, let us suppose a hernia mesh, a type of medical device, fails and causes harm to a patient. An investigation will need to occur to uncover whether or not the defect was caused by the device itself or revolved around the way that a surgeon implanted the device.
Product Liability Claims for Medical Device Defects
Medical devices are categorized into three classes based on their risk level and the regulatory controls necessary to ensure safety and effectiveness.
- Class I devices pose the lowest risk and require the least regulatory control.
- Class II devices are higher risk and require more regulatory controls to provide assurance of their safety and effectiveness.
- Class III devices are the highest risk and typically support or sustain human life, are implanted, or present a potentially unreasonable risk of illness or injury.
In Arizona, product liability claims, including those for medical device defects, must be filed within two years from the date the injury was discovered or should have been discovered. Any individual who has been injured or suspects they have been injured due to a defective medical device should consult with their physician immediately. Any suspected injury should be documented and dealt with as promptly as possible.
We encourage medical device defect injury victims to reach out to an attorney as soon as they can. A product liability lawyer in Phoenix can help investigate the claim and gather the evidence needed to prove liability. Your lawyer will have the resources to enlist assistance from trusted medical professionals and medical device experts who can examine the situation and provide testimony to the insurance carriers or during trial.
Can You Recover Compensation After a Medical Device Causes an Injury?
Individuals harmed due to a defective medical device may be able to receive various types of compensation for their losses. This includes economic and non-economic damages related to the individual victim’s specific losses. Some of the types of compensation an attorney may be able to help victims recover include:
- Coverage of any medical expenses arising due to the defective medical device
- Lost income if a victim is unable to work due to the injury or illness
- Out-of-pocket costs are rising due to the incident, including household expenses
- Physical and emotional pain and suffering damages
- Loss of quality of life damages
Your attorney can help you understand the possible compensation that may be available for your particular case.