Many people rely on medical devices to allow them to retain a sense of independence as well as the opportunity to live a longer life. With that being said, many people may encounter faulty medical devices that somehow fail to work as they were intended to work. In extreme situations, these medical devices will fully malfunction and fail to work completely.
Unfortunately, malfunctioning devices can cause or expose consumers with extreme pain or other life threatening side effects. When a company has designed a device with carelessness, consumers have the legal right to file a defective medical device claim. If you or someone you know has suffered injuries due to a defective medical device, it is important to seek the expertise of a legal attorney with experience in faulty medical devices. As a victim of a defective product, you have the legal right to file a claim in an effort to receive financial compensation for your injuries. The State of California establishes strict deadlines, also known as statute of limitations, which only allow a specific window of time to file a claim. Contact the support of an expert attorney who can help you.
Understanding How a Medical Device Can Be Defective
Similar to other products, medical devices could be defective by means of its design, the way it was manufactured or produced, or by having insufficient instructions or warnings. Dissimilar to consumer products, however, defective medical devices can be used inside a person’s body or someplace on a person. This can make the failure of the product even more dangerous and difficult to repair. Potential consequences can involve the following scenarios:
- Unexpected shocks stemming from pacemakers;
- Injury or pain from artificial hips or knees;
- Pain experienced from metal plates or screws;
- Pain from birth control implants; or
- Pain or injury from cosmetic implants.
As previously mentioned, medical product defects can occur from any of the following:
- Design Defects
- When a medical device has a faulty design, it generally means that every product of its same design will be defective. Further, it also means that this product has produced an unreasonable amount of danger to consumers by ways of which the product was intended to be used.
- Manufacturing Defects
- This type of product is likely to be singularly faulty. It is usually produced in a defective manner through the manufacturing process. An example of a product that was manufactured incorrectly is one that was created using a faulty or weak material.
- Lack of Instruction or Warning
- There are some products that will be sold without the inclusion of sufficient instructions and/or warnings. While the product itself could have been developed correctly, the lack of warning or instruction could cause a consumer to use the product outside its means of intention. For example, a medical device could be used for a longer period of time than what the design was intended for due to the product’s lack of instruction.
Seek Legal Support for Defective Medical Devices
If you or someone you know suffered injuries because of a faulty medical device, it is important to obtain the legal support of a qualified attorney. An attorney who has experience in product liability claims can help you file for a claim in an effort to obtain financial restitution for the injuries sustained.
The attorneys at Sanford A. Kassel, APLC, are dedicated to assisting victims of products liability. They have extensive experience in dealing with products liability cases and have helped any injury victims obtain monetary compensation due to faulty products. Products liability cases in the state of California are time sensitive; seek immediate legal support.
