3 FAQs About Defective Medical Device Product Liability Claims
From tongue depressors and stethoscopes to syringes and pacemakers, healthcare providers rely on all kinds of medical devices to diagnose and treat their patients. Each piece of equipment, however, is a consumer product like any other—which means they are vulnerable to potentially dangerous defects.
If you suffered complications because your care involved the use of a defective device, you may have grounds for a product liability claim. In order to recover a payout, though, you will need sufficient evidence to prove the existence of the defect, as well as causation and damages. This is where a resourceful personal injury attorney may be able to help.
Your personal injury attorney can review relevant recalls, consult medical specialists, interview eyewitnesses, track your damages, correspond with the insurance adjuster, and manage settlement negotiations on your behalf. In other words, a seasoned personal injury attorney can handle all the logistics of your case so you can focus on your health.
If you want to enter the initial consultation with confidence, read on to learn the answers to some of the most frequently asked questions about product liability claims involving defective medical devices:
1. What Kinds of Defective Devices Might Lead to a Product Liability Claim?
Virtually any kind of medical device can have a dangerous defect that leads to a product liability claim. In 2019 alone, medical devices that were recalled for their potential to cause harm included:
- Pump infusion sets for administering intravenous fluids;
- Implantable defibrillators;
- Neonatal and infant breathing circuits;
- Balloon catheters; and
- Implantable pulse generators.
2. Who Could Be Liable for Damages Caused by a Medical Device That Malfunctions?
Potentially at-fault parties include the engineer, manufacturer, distributor, marketer, and retailer. The healthcare provider who relied on the device or the medical facility that purchased it could also be found responsible if the malfunction occurred because of incorrect usage or improper storage.
3. What Kinds of Damages Might Be Recoverable by Filing a Product Liability Claim?
In the state of Florida, personal injury claimants may be able to seek the following compensatory damages with the help of their personal injury attorney:
- Medical bills;
- Lost wages;
- Lost benefits;
- Loss of future earnings;
- Home care;
- Child care;
- Domestic help;
- Loss of enjoyment in life;
- Emotional distress; and
- Pain and suffering.
Depending on the circumstances, the victim may also be entitled to punitive damages. If the liable party’s conduct constituted gross negligence, for example, a punitive award may be warranted.
Additionally, Florida law allows the spouses of injured parties to pursue compensation for loss of consortium. That means if you were hurt because of a defective medical device and you happen to be married, your husband or wife may be able to file a separate claim for the loss of love, companionship, sexual relations, and affection he or she has suffered as a result of your injuries.
Speak with a personal injury attorney Today
If you or someone in your family suffered complications because of a defective medical device, contact Donaldson & Weston. We have helped hundreds of clients in personal injury and wrongful death cases. Call 772-266-5555 or fill out our Contact Form to schedule a free consultation with a personal injury attorney.