Medical professionals and patients should trust that the medical equipment and products are safe and will operate as they should. However, in some cases, medical devices can have design flaws, which may cause serious harm to the patient.
You may be entitled to recover compensation if you sustain an injury due to a defective medical device. A defective medical device lawyer at Isaacs & Isaacs Personal Injury Lawyers can help you strengthen your case and collect favorable compensation.
How Our Ashland Defective Medical Device Lawyer Can Help
Though medical devices and products are supposed to provide relief, help treatments, and keep the patient safe, these devices can cause serious injuries or fatalities.
While such claims are also considered personal injury or wrongful death, handling product liability claims can be challenging. Also, the rules for filing the case may vary. Therefore, it is ideal to consult a defective medical device lawyer immediately and learn your legal options.
Darryl “The Hammer” Isaacs and his attorneys can help you as follows:
The first thing we can do is review your case and give you legal advice. Then, we might work with medical experts to determine the injury’s cause and what led to the defect.
The evidence our team may collect includes the following:
- Expert testimonies
- Reports of similar injuries
- Internal reports from the company
- Evidence of your injuries
This information will also help us determine the liable party.
Build a Strong Case
With the evidence in hand, our lawyer may file a lawsuit and build a strong case against the responsible party. The evidence will show that the liable party owed you a duty of care and were responsible for keeping you safe, they did not take precaution to ensure the device was safe before releasing it to the market, and they caused your injuries.
Our legal team will also use the evidence we have to determine the value of your damages.
Negotiate a Settlement
We use the estimated value of your claim to negotiate a settlement with the at-fault party, their legal team, or their insurance company. If necessary, we may take the case to court and continue fighting for your rights to total compensation.
Our attorneys can take you through the claiming process so that you know what to expect.
For a free legal consultation with a defective medical devices lawyer serving Ashland, call 800-333-9999
Recoverable Damages in a Defective Medical Device Case
Victims of defective medical device claims can recover monetary compensation for the economic and non-economic damages that result from using the defective product. Some of the damages you can recover include:
- Medical bills: This category can include any additional medical expenses you incur because of the injury from the defective product. If the damage is life-long or life-altering, you can also claim compensation for future medical expenses such as the cost of rehabilitation, home care services, therapy, etc.
- Lost income: If you have to miss work because of the injury, you can claim compensation for any bonus or promotion you lose. Depending on the extent of the injuries, you can also claim reduced earning capacity.
- Pain and suffering: This damage covers the physical pain and mental anguish you suffer due to the injury.
If the injury is fatal, the surviving members can claim compensation for funeral and burial expenses, medical bills, and more. The damages you can claim will depend on the effects of the injury on your life.
Ashland Defective Medical Devices Lawyer Near Me 800-333-9999
Deadline for Filing a Defective Medical Device Case in Ashland
According to Ky. Rev. Stat. § 413.180, you usually have only one year to pursue a case after a defective device causes you injuries. If you lost a loved one due to such a faulty device, Ky. Rev. Stat. § 413.180 affirms that you also have one year to file a wrongful death lawsuit.
One year may seem like a long time, but it can fly by. If you try to file after the one-year deadline, the court may not allow you to file suit. However, if you enlist our help soon enough, our attorneys can work to ensure you comply.
Determining Liability in Defective Medical Device Cases
Like in other types of personal injury and product liability claims, you must establish liability on the part of a medical device distributor or manufacturer before filing a case.
Although the U.S. Food and Drug Administration (FDA) recalls defective medical devices from the market, some defective devices and products still find their way into the consumers’ hands. A manufacturer can be liable if their products fail to meet the set safety and efficacy standards.
As your legal counsel, we must prove the manufacturer is at fault for one or more of the following:
- Manufacturing defects
- Improper labeling
- Design flaws
- Defective product design
- Failure to warn
- Breach of express warranty
In a manufacturing defect claim, you need to prove that the defect resulted from an error in the manufacturing process. If the manufacturer is negligent, and their actions caused you harm, you have a right to file a lawsuit against them.
Establishing liability in defective product cases can be complex and challenging, so you may want to work with our defective products lawyer.
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We Handle Defective Medical Device Cases on Contingency Fees
Our lawyers work on a contingency fee basis to help you access legal help as you recover from your injuries. This means we’ll handle your case without collecting any costs or fees up front. Our law firm will only collect our fees once you successfully settle the case.
Contact Our Defective Medical Device Team for a Free Case Review
If you sustain any injury from using a defective medical device, you have a right to claim compensation from the responsible party. Our Ashland defective medical device lawyer here at Isaacs & Isaacs Personal Injury Lawyers can review your case and help you hold the negligent party responsible. Let’s put our more than 400 years of collective legal experience to work for you today.
We’ll help you build a strong case and fight for maximum compensation. Contact our in-house legal team and get your free case review.