Medical devices are a critical component of proper healthcare treatment in today’s modern world. Unfortunately, when those devices are not used properly or malfunction, patients can suffer aggravated illness or additional injuries from the medical device or medical treatment. Although each case is different, the injuries caused by these situations can serve as the basis for a products liability claim.
How Products Liability Works
Product liability claims resulting from defective medical devices or defective treatment can be based on:
A defectively manufactured medical device or treatment – A manufacturing defect can occur at any time from the point at which the product was produced to the time you receive the product. Although the product was supposed to be created and used in a certain way, somewhere along the line it may have been damaged or otherwise made improperly.
A design defect with the medical device or treatment – In these cases a medical device or medical treatment was made according to the design, but it is the design itself that is defective. Courts typically find a design defect when the product is unreasonably dangerous. This dangerousness does not need to be apparent right away. Particularly in the medical field, it is often the case that the danger of a product is not discovered until it has been widely used by the general public.
Defective instructions, or a defective warning, on the medical device or treatment – Medical devices and treatments can also be found defective if there is any instruction, warning, or lack of warning that renders the product unreasonably safe. Typically, a simple change in the warning provided would be enough to reduce or avoid the harm that the product caused.
Vaccination Injury Lawyers
We also work to protect and obtain compensation for those that have been injured by vaccinations. Although thousands of people are vaccinated every day against illnesses, some suffer terrible reactions to these vaccinations. Under federal law, victims can receive compensation through theNational Vaccine Injury Compensation Program.
Defective Medical Device and Medical Treatment Attorneys
Newland & Newland, LLP has represented clients with injuries due a wide variety of defective devices and treatment, including defective medications, heart devices, knee implants, and hip implants. Our firm also litigates on behalf of those that have been affected by Selective Serotonin Reuptake Inhibitors (SSRIs) during pregnancy. SSRI use has been linked to birth defects and injuries in a significant number of people.
Contact Newland & Newland, LLP today to see how we can help in your case.