The first rule of medicine is to do no harm, but does this also apply to medical devices? Patients are sometimes mislead on the effectiveness of a medical device. These defective products often lead to severe injuries and fatalities. There are many entities involved in the manufacturing and distribution of medical devices. This can inadvertently cause issues with the piece of equipment and bring you harm.
If you or a loved one has suffered due to a dangerous and faulty medical device, please call our experienced product liability lawyers in Sedona at (928) 227-1116 today to schedule your FREE consultation. The Jensen Phelan Law Firm, P.C. has more than 50 years of combined experience, and we can help you fight for compensation for your pain and suffering.
The Arizona statute of limitations for injury is two years. Don't wait to file your claim.
What Constitutes a Medical Device?
Medical devices can be used to treat illness, disability or disease and for contraception purposes as well. Implants, pacemakers, stents and prosthetics all fall under medical devices. When these devices are substandard, they could put your life in danger. If you've lost a loved one because of a defective medical device, you may have a wrongful death claim.
Examples of defective medical devices include:
- Metal hip replacement
- Transvaginal mesh
- Drug-coated stents
- Medtronic defibrillator
There are several more medical devices that may have caused injury or death. The best way to know if you have a product liability claim is to speak with our lawyers in Sedona.
Types of Defective Medical Device Claims
Medical equipment can go wrong in many ways. Sometimes, there are design flaws. While other times, the device may have become faulty after extended use. Manufacturing or marketing can also be the cause. Whatever the reason, the Jensen Phelan Law Firm, P.C. can craft a compelling case and fight for you and your loved ones.
There are three main subdivisions of defective product claims:
1. Design Flaws. Medical devices with design flaws can happen in a variety of ways: The equipment was manufactured correctly, but has severe and dangerous design problems which has led to injury. Or, the device worked well for quite a while and then broke down causing serious injury. Our lawyers in Sedona can help you prove that the manufacturer either knew of the defective design and hid it or failed to remove the product from the market in time to prevent injury or fatality.
2. Poor Manufacturing. If a piece of medical equipment was manufactured improperly, damaged during shipping or an error occurred at the hospital or with your doctor, then you most likely have a product liability case.
3. Misleading Marketing. Marketing a medical device involves many challenges, and promises are often made while warnings are avoided. Your doctor or the manufacturer may have recommended using your product in a specific way that lead to your injuries. This bad advice can come from many mouths and each person or entity can be held liable.
Who Can Be Held Liable For My Injuries?
Medical devices can cross many borders and hands before they reach you. Everyone who has had contact with the product can be held liable. If your doctor gave you misguided directions on how to use the equipment or it was surgically implanted incorrectly, you may also have a medical malpractice claim.
Examples of parties who may be held responsible are:
- Your doctor
- The manufacturer
- A testing facility
- The sales representative
- The retail supplier
- A hospital, clinic or medical center
How Do I Prove a Claim?
In order to provide proof that your claim is valid, you must first have an injury. Secondly, you need to prove that your injury resulted from a defective medical device in one of the three ways we discussed above. Our defective product lawyers can evaluate your case and help you get the compensation you deserve for your medical expenses, pain and suffering.
If you or a loved one was injured as the result of a defective medical device, please call the Jensen Phelan Law Firm, P.C. in Sedona today at (928) 227-1116 to schedule your FREE consultation. Our office provides expert legal services to clients in Sedona, Prescott and Prescott Valley, Arizona and all Northern Arizona areas.