Defective Medical Devices: How to File a Lawsuit
Medical devices are meant to address health complications so that people can resume a productive and active life. Unfortunately, thousands of people are injured or killed each year by harmful medical devices. Individuals who suffer physical and financial losses related to dangerous and defective products should consider filing a defective medical device lawsuit.
Medical device companies often have large and expensive legal teams on their side, but a knowledgeable defective product lawyer, such as those at The Tawwater Law Firm in Oklahoma City, OK, can gather the evidence necessary to establish liability so that injury victims are justly compensated for their losses.
When to Consider a Defective Medical Device Lawsuit
Each year defective medical devices get recalled and pulled from the market. Unfortunately, recalls often occur after devices have already been placed in thousands of patients. If someone has been treated with a recalled medical device, and they have suffered physical complications following their procedure, it is time to consider a defective medical device lawsuit.
Even if a medical device has not been recalled, individuals may still have grounds to file a defective product claim.
Signs of a Defective Medical Device
The following symptoms may be signs that a medical device is defective:
- Excessive bleeding
- Intense pain
- Reduced mobility
It is important to note that defective medical device lawsuits are not only appropriate for large medical devices, such as joint replacements, pacemakers, or insulin pumps. Smaller devices like stents, hernia mesh, and IVC filters can also cause complications.
Suing a Medical Device Company
When someone is considering a lawsuit against a medical device company, the first thing they should do is contact a defective product lawyer. The team of lawyers at our Oklahoma City law firm have represented numerous victims of defective medical devices. We handle each step of filing a claim on behalf of our clients, so that they can focus on their health and well-being.
When suing a medical device company, the claim usually progresses through these basic stages:
- Case review - Our lawyers look at the details of each case to determine if there is grounds to file a lawsuit.
- Gathering of evidence - Working with experts in the field, our legal team gathers evidence to prove that a medical device was defective, and to establish liability for damages. Evidence may include medical records and expert witness testimony.
- Filing the lawsuit - When we have a strong claim, a lawsuit is filed through the court.
- Discovery - During discovery the plaintiff and defendant each gather and exchange evidence so that their cases can be built.
- Settlement or trial - Often, defective medical device claims are settled pre-trial. However, our lawyers are always prepared to fight a case in court.
Our Oklahoma City lawyers work to get maximum compensation for victims of defective medical devices. Depending on what type of losses a person has suffered, potential damages in a defective product claim include:
- Past and future medical expenses
- Pain and suffering
- Lost wages and/or loss of wage earning potential
- Diminished quality of life
- Wrongful death damages (if the device causes a death)
If you or a loved one has suffered physical and financial damages due to a defective medical device, you may be due significant financial compensation. To find out if you have grounds to file a defective product lawsuit, contact our law firm online, or call (405) 607-1400 to schedule a personal consultation.