Las Vegas Defective Medical Devices Attorney
While they are often life-saving necessities, not all medical devices and equipment are perfect. In some cases, defective medical devices or equipment may result in serious, possibly fatal, consequences. When an individual is harmed due to a defective medical device, he or she is entitled to compensation. This compensation can be achieved by filing a claim with a Las Vegas defective medical device lawyer against the responsible party, whoever that may be.
With the advancement of medicine came the advancement of medical devices. Though you may not realize it, medical devices are involved in nearly every step of medicine. They aid physicians, nurses, and technicians through diagnosis, treatment, and recovery. More serious injuries and conditions can require medical devices for the duration of an individual’s life.
Defective Medical Devices and Product Liability Law
As with all manufacturers of products that go out to consumers, medical device manufacturers are held to a certain standard that the products they put out on the market are safe and not defective. If a device that is on the market is found to be defective, the manufacturer must notify the public and issue a recall or some other action to protect the public from the potential danger of their product. When a manufacturer fails to ensure the safety of their product, they may be held liable for any injury or death that results from the use of their product. An experienced defective product lawyer in Las Vegas will be able to get you the compensation you deserve.
Types of Medical Devices
Though they are nearly everywhere in medicine, it may not be initially obvious how entwined medical devices are in the lives of most Americans. Most people in the U.S. have or know someone who has experience with a medical device. Medical devices that can be defective and result in injury include but are not limited to the following:
- Defibrillators
- Stents
- Heart valves
- Drug pumps
- Knee, hip, and other joint implants
- Pacemakers
- Surgical instruments
- Transvaginal mesh
- Ventilators
- Breast implants
- Kidney dialysis filters
- Intrauterine devices (IUDs)
If you or someone you know has been injured from one of these or another medical device, contact an experienced Las Vegas personal injury lawyer immediately. You may be entitled to compensation.
Who Can be Held Liable for a Defective Medical Device?
There are many reasons that medical devices may fail. There may have been a flaw in the overall design of the device, the manufacturing process may have had a mistake, or the doctor could have used or implanted the device incorrectly. The Food and Drug Administration (FDA) has issued strict warnings or recalls for the more dangerous defective medical products. Determining the responsible party is a very complicated aspect of personal injury lawsuits which is why it’s critical you work with a skilled Las Vegas defective medical device lawyer. It could be:
- The maker of the medical device
- The doctor who used or prescribed the device
- The nurses or technicians who maintained the device
Compensation For Defective Medical Device Case
There are several different forms of compensation that may be sought in a defective medical device injury lawsuit. Generally, the injured party receives compensation for the injuries sustained due to the use of a medical device if the responsible party can be shown guilty of negligence. There are several considerations that are taken into review when determining the exact compensation an injured party should receive, such as the specific injuries, the circumstances surrounding the medical negligence, any relevant caps on how much an individual may recover, etc. A defective medical device attorney in Las Vegas can explain more in detail but the different types of compensation include:
Medical Expenses
This may include the cost of the treatment that caused the injury, treatment of the injury, and any future treatment or medical expenses associated with the injury.
Lost Wages
When an individual is injured, he or she is unable to work. The responsible party may be held liable for any wages that are lost during the recovery of the injury the defective product caused. If the injury due to the defective product is so severe that it negatively impacts the individual’s future ability to work and collect wages, this may also be reflected in the compensation.
Household Services
An injured person may require additional hired help to maintain their home and to help them with their daily tasks. The wages for this household help may be covered in a lawsuit.
Pain & Suffering and Emotional Distress
Though not a visible injury, the pain, suffering, and emotional distress an individual undergoes due to an injury at the hands of someone so trusted as a medical doctor or company can do great damage. Not only should the responsible party be liable for bills, but they should also compensate the injured party for the unnecessary suffering they put him or her through.
Loss of Enjoyment of Life
There may be long-lasting effects of the defective medical device injury. Some effects can forever alter an individual’s ability to interact with his or her world and therefore decreases his or her enjoyment of life. One example is if a defective device caused an individual to lose a sense, such as sight.
Property Damage
Not only can defective medical devices hurt individuals, but they may also damage property. This should be compensated by the responsible party.
Punitive Damages
This is a sort of punishment fee for any bad behavior associated with the defective device. This can include fraud, oppression, or malicious intent.
Seek Representation from an Experienced Defective Medical Device Lawyer
The best way to increase the chances of receiving the compensation you are owed is to seek legal representation from a dedicated lawyer. Hospitals and medical device companies have a lot of money and spend as much as they can on the best of lawyers who will do their best to squash any attempt to hold them accountable for their mistakes. Be sure to seek the advice of an attorney who is experienced in the laws relating to defective medical devices and will fight on your behalf for the compensation you deserve.
With over 15 years of experience providing exceptional legal service throughout Las Vegas, you can trust a Harris & Harris personal injury claim lawyer with your legal needs. We have extensive experience and resources handling defective medical device injury cases. Give us a call at (702) 384-1414 to speak to a member of our team or fill out our convenient online form. We will fight vigorously for the compensation you deserve!