October 23rd, 2023|
Medical devices are an integral part of modern healthcare in California, offering new hope and improved quality of life for patients. However, when these devices are defective, they can lead to catastrophic consequences, including health complications, injuries, and death.
If a medical product injures you, you may be able to file a California defective medical device claim to receive compensation. This can provide funds to help you pay for additional medical care or compensate you for other damages like lost wages or emotional distress.
Filing a claim requires you to stay informed about the device and know how to identify harmful defects. It can also mean working with a product liability attorney to determine if you have a valid claim.
A defective medical product can lead to life-altering consequences for you and your family. If your medical device, such as a hip replacement, knee replacement, or birth control implant, has caused you harm, you may have a valid defective medical device claim if the following are present:
- Unexpected side effects: If a device causes side effects that were not anticipated or documented during clinical trials and these side effects lead to harm, it may be considered defective.
- Device malfunctions: A device that doesn’t work as intended, breaks easily, or fails to perform its medical function may be defective. This can lead to a claim if the malfunction results in harm or the need for additional medical intervention.
- Recalls by regulatory authorities: If a medical device is recalled due to safety concerns or inefficacy, it can demonstrate its defective nature.
Your case needs to meet certain legal criteria to establish a valid claim. These criteria typically show that a medical device’s flaw poses a risk to patients. Legal claims surrounding defective medical products fall into these categories:
- Design defects: This refers to inherent flaws in how the device was conceptualized or designed. For example, a heart valve implant design creates a device with sharp edges, leading to tissue damage when implanted. In this case, the initial design is flawed, allowing for a defective medical device claim.
- Manufacturing defects: If a device is designed correctly, errors during production or assembly can still make it unsafe. For instance, a hip replacement is supposed to be made of biocompatible titanium. If the manufacturer uses the wrong type of metal and it causes harm, you can file a compensation claim.
- Inadequate warnings: Manufacturers must provide clear warnings about potential risks associated with their devices. For instance, a company fails to warn that its pacemaker may malfunction if worn during an MRI. This can be grounds for a claim.
If you or a loved one has suffered because of a defective medical device, pursuing a claim can be a complex and challenging process. To support your claim, work with a skilled product liability attorney who can help you do the following:
- Document symptoms and side effects: Meticulously document any unexpected symptoms or side effects arising from the defective medical device. Provide a comprehensive description of these issues, including their characteristics, onset dates, and the degree of severity.
- Seek medical attention: Consult a healthcare provider promptly if you experience adverse effects from the medical device. Professional diagnosis and treatment address your health concerns and create medical records that link your condition to the device’s malfunction.
- Retain device documentation: Preserve all documentation associated with the medical device. This includes purchase invoices, user manuals, and any warnings or disclaimers provided by the manufacturer. These documents can provide valuable insights into the device’s intended use and potential risks.
- Report the issue to authorities: Notify relevant regulatory bodies, such as the FDA, about the malfunction or side effects you’ve experienced. Regulatory reports help establish the device’s safety concerns, reinforcing your claim’s validity.
- Collect testimonies and expert opinions: Gather statements from witnesses who observed the device malfunction or the harm it caused. Also, seek expert opinions to validate your claim objectively. Witness testimonies add credibility to your claim, while experts can provide assessments detailing the device’s defects and its impact on your health.
- Choose the right legal representation: Work with an experienced attorney specializing in defective medical device claims. A knowledgeable legal representative from Berg Injury Lawyers can help you navigate the complexities of product liability laws, advocate for your rights, and work to secure the compensation you deserve.
Recognizing a valid California defective medical device claim is crucial if you’ve suffered harm from a faulty medical device. Our experienced attorneys at Berg Injury Lawyers understand the intricacies of defective medical device cases.
We can review the details of your case to determine if you have a valid defective medical product claim and help you pursue rightful compensation. We are dedicated to advocating for your rights and helping you receive a fair settlement to pay for your injuries. Contact us for a free consultation today.