Medical devices are critical to health systems and continue to benefit millions of people by safely preventing, diagnosing, rehabilitating, and treating diseases and health conditions. However, using defective medical devices poses health risks that can cause injuries and even death.
Thankfully, there are reprieves for suffering injuries after using a defective medical device. Connect with a Lexington defective medical device lawyer with Isaacs & Isaacs Personal Injury Lawyers to pursue compensation for your injuries.
What Will My Defective Medical Device Lawyer in Lexington Look for in My Claim?
A defective medical device lawyer will first look for evidence linking your injuries to the defective medical device. They will assess your medical report, gather expert witness accounts, and look through photos of your condition before and after using the medical device.
The factors your defective medical device lawyer will consider when compiling your personal injury case are:
Conditions Satisfying a Personal Injury Claim
Your lawyer must consider the evidence linking your injuries to the defective medical device. Without solid evidence, the claim will be easily dismissed.
Contact your doctor and a lawyer immediately after realizing you’re using a defective medical device. Your doctor will advise if you should continue or discontinue the use of the device, and a lawyer will advise you on the documentation needed to pursue a personal injury claim.
The Severity of Your Injuries
Cases wherein a doctor used defective medical devices for life-threatening conditions warrant higher compensation than minor injury cases. Your lawyer will also assess the medical report to establish whether the defective medical device resulted in permanent disability or other debilitating conditions.
The Economic Value of Your Case
The objective of a personal injury claim is to receive fair compensation for damages and injuries. Your lawyer will evaluate your current and future medical expenses in a defective medical device case to calculate a suitable settlement package.
Other economic considerations of your claim include the cost of pain and suffering and the damage to your relationships because of your injuries.
The Available Evidence
Property evidence is the foundation of any successful personal injury claim, including cases of defective medical devices. For this reason, your lawyer will ensure they have strong proof linking your injuries to the defective medical device.
For a free legal consultation with a defective medical devices lawyer serving Lexington, call 800-333-9999
What Is the Deadline to File an Injury Lawsuit in Lexington?
You have one year to submit a personal injury lawsuit in Kentucky, according to Ky. Rev. Stat. §413.140(1). Connect with a Lexington defective medical device attorney immediately if you suspect your device is flawed to avoid the courts dismissing your case.
Lexington Defective Medical Devices Lawyer Near Me 800-333-9999
Will My Defective Medical Device Attorney in Lexington Deal with Insurance Companies for Me?
If you’ve suffered injuries after using a defective medical device, dealing with a lengthy insurance negotiation process may be overwhelming. Luckily, your lawyer has experience in the matter and will be your legal representation in all the insurance meetings.
Please note you can represent yourself in a personal injury claim and negotiate with the liable insurance companies. But this isn’t always the best move. The goal of an insurance company in any claim is to pay minimum compensation to the claimant.
Without a representative, the insurance company could exploit you and offer a package that is less than you deserve. Instead of falling for the insurance company’s tricks, hire a defective medical device lawyer who can make a difference in your case.
Do I Have to Go to Court for a Defective Medical Device Case?
Defective medical device cases don’t always go to court, but having an out-of-court settlement depends on the magnitude of the case, the number of victims, and the extent of your injuries. If a defective medical device case leads to a mass recall of a particular device, the issue can be complex enough to go to court.
Cases can also go to court if the liable party disputes liability or considers the tabled compensation package too high. We will protect your rights, whether it’s during settlement negotiations or in court.
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Who Is Liable for My Defective Medical Device Injuries?
Establishing liability in defective medical device cases can be complicated because of the several parties involved in making, prescribing, and using the device. This makes it possible for one or several parties to be responsible for your injuries.
The following parties may be partially or fully responsible for your injuries, depending on the evidence:
- The medical device testing facility
- The medical supplier
- The doctor who performed the device procedure or prescribed the device
- The medical facility or store where you took ownership of the device
Other parties may be liable for your injuries. Your lawyer will investigate your case, determine liability, and pursue that party for fair compensation.
Common Types of Defective Medical Devices
A defective medical device is an object meant to correct, prevent, or treat a patient but fails to because of a design flaw or incorrect surgical process. While you might not be aware your medical device is defective, some medical devices can cause deterioration, illness, and even death.
Examples of defective medical devices include:
- Defective knee replacement devices or hip implants
- Breast implants and other surgically inserted body enhancement devices that compromise your immune system
- Pacemakers and heart regulation devices that fail to maintain the correct heart rhythm
- Improperly designed surgical and sterilization devices that cause infections
- Heart implants that break or leak, leading to repeated surgeries, injuries, and death
- Faulty gynecological devices, like IUDs causing infections, miscarriages, infertility, and death
Injuries resulting from defective medical devices range from minor to severe; they include:
- Blood clots
- Heart failure
- Rhythm abnormalities
- Pain and swelling in the area where a defective medical device was inserted
Isaacs & Isaacs Personal Injury Lawyers Can Help You in Fayette County
At Isaacs & Isaacs Personal Injury Lawyers, we understand the health consequences of a defective medical device. That’s why we do not charge any upfront legal fees or costs to start the legal proceedings of your personal injury claim.
Contact us for a free initial consultation and explore your available legal options regarding your defective medical device. A Lexington defective medical device lawyer is ready to fight for you.