You may be entitled to compensation if a defective medical device recently harmed you. Connect with our Burlington defective medical device lawyer at Isaacs & Isaacs Personal Injury Lawyers for legal help.
A medical device is an instrument, tool, or apparatus used by a medical professional to prevent, diagnose, mitigate, or treat a specific medical condition in the body. Medical devices usually work by altering the structure or function of the body. Even though most medical devices are manufactured to cure diseases, some have design flaws and can easily cause injuries to unsuspecting patients.
Our Burlington Defective Medical Device Lawyer Can Assist You
You trusted the medical device to function correctly and improve your health as a patient. Unfortunately, the medical device turned out to be defective and caused your injuries or exacerbated your condition. Therefore, you have the legal right to hold the manufacturer of that medical device accountable for your injuries and the damages you’ve incurred. Hire our personal injury law firm to fight for your rights to make that happen.
We’ll help your case by doing the following:
- Conduct an independent investigation into the events surrounding your injury
- Gather enough evidence to prove duty of care and liability
- Handle legal paperwork related to your case and file a claim against the insurance company promptly
- Consult medical experts familiar with the medical device to shed light on how it’s supposed to function and instances of malfunction
- Use your medical records, medical report, and doctors’ notes to prove the true extent of your injuries or medical condition
- Check the Food and Drug Administration (FDA)’s website to determine whether the device is on the list of recalled medical devices
- Handle communication with the insurance company, medical device manufacturer, and doctor on your behalf
- Answer your questions and keep you updated throughout the legal process
- Enlist leading experts to strengthen your case and testify in your defense
- Handle settlement negotiations with the insurance company, hospital, or device manufacturer on your behalf
For a free legal consultation with a defective medical devices lawyer serving Burlington, call 800-333-9999
Recoverable Damages in a Boone County, KY Defective Medical Device Case
If you’ve suffered harm from a defective medical device, you’re entitled to compensation from the liable parties. Darryl “The Hammer” Isaacs can help you pursue financial compensation to offset the following economic and non-economic losses:
- Past, present, and future medical expenses
- Pain and suffering
- Lost income and benefits
- Temporary or permanent disability
- Reduced earning capacity
- Diminished quality of life
- Emotional distress
- Rehabilitation and physical therapy expenses
- Out-of-pocket expenses
Burlington Defective Medical Devices Lawyer Near Me 800-333-9999
Statutes of Limitations in Kentucky
Kentucky, like most states, has a statute of limitations dictating the amount of time you have to file a defective medical device or medical malpractice lawsuit. According to Ky.Rev.Stat.§413.140(1), you have a year from the date you knew or suspected a defective medical device or medical negligence caused your injury.
On the other hand, you have a year to file a wrongful death lawsuit if you lost a loved one due to medical malpractice or an injury caused by a defective medical device, per Ky.Rev.Stat.§413.180. If you fail to file your lawsuit within these deadlines, the judge will dismiss your case, and you’ll lose your right to compensation.
However, the statutes of limitations can be tolled in cases involving minors and mentally unstable victims. Also, there can be a rebuttable presumption that a medical device is not defective if it’s been more than eight years since it first entered the market. Even if that won’t prevent you from filing a lawsuit, winning such cases is usually tricky. That’s why it’s in your best interest to hire our defective medical device lawyer immediately.
We Work on a Contingency-fee Basis
At our law firm, we’ll represent you on a contingency-fee basis. Therefore, you won’t be required to pay any legal fees out of pocket. Instead, the fees for our legal services will come from the jury award or the settlement we’ll negotiate on your behalf.
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Liability in a Burlington Defective Medical Device Case
Suffering an injury or adverse health effects due to a defective medical device is not enough reason to recover compensation. You must prove the defendant’s negligence led to a design, manufacturing, or marketing defect in the medical device that caused your injury.
Some of the potentially liable parties in these cases include:
- The company that manufactured the defective medical device
- The laboratory that tested the defective medical device
- The pharmaceutical sales representative that advertised and sold the defective medical device
- A hospital or clinic
- The retailer who distributed the defective medical device
- The doctor who failed to warn you about the risks of using the device
Steps to Take if a Defective Medical Device Harmed You
If you suspect you’re a victim of a defective medical device or medical negligence, there are various steps you should take to protect your health and strengthen your claim.
See a Doctor
If you find out a defective medical device harmed you, you should first see a doctor immediately to receive medical treatment. The doctor will evaluate your condition and administer the appropriate medical treatment to reduce your chances of suffering even more severe complications. After receiving medical treatment, you may request a copy of your medical records.
File a Report
Once you’ve been discharged from the hospital, the next step is to report what happened to you to the FDA so they can determine if the medical device poses a danger to other patients. If the FDA considers the medical device dangerous, they will recall it and investigate it.
Call Our Firm
Next, call our team to discuss your legal options. We’ll review your medical records and report to determine whether you have a valid case.
Defective Medical Device Cases We Handle
At Isaacs & Isaacs Personal Injury Lawyers, we represent clients who’ve been harmed by different kinds of defective medical devices, including the following:
- Insulin pumps
- Heart valve implants
- Copper intrauterine devices (IUDs)
- Breast implants
- Replacement components for knees, ankles, hips, and elbows
- Blood clot filters
- Dialysis filters
- Hernia mesh
- Pelvic mesh
- Shoulder pain pumps
- Power morcellators
- Transvaginal mesh
Contact Us for a Free Consultation
If you’ve suffered an injury or adverse health effects from a defective medical device, don’t hesitate to contact our Burlington defective medical device lawyer at Isaacs & Isaacs Personal Injury Lawyers. We will fight for you against the liable parties and ensure you recover the compensation you deserve. Get a free consultation today for more information.