When you have need of a medical device for treatment of some medical problem, you probably trust that that medical device is safe. And, most likely, they are. Unfortunately, sometimes medical devices are used for purposes for which they were not intended or are defective, and thus, cause a more severe or different medical problem which creates a worse health problem than you started with. Should you sustain injuries as a result of use of a defective medical device, you have the right to pursue damages in the form of financial compensation from the doctor who prescribed the use of the device, the hospital that utilized the device, or the manufacturer of the device.
Most provincial law holds medical device manufacturers liable for injuries suffered due to the use of their products. Whether the device is a faulty pacemaker, prosthetic device, heart valve, trans-vaginal mesh or other medical device, you may be entitled to compensation for an injury you sustain as a result of using it. Most medical device lawsuits must show that the specific medical device was improperly manufactured, defective, or inherently flawed by design.
What You’ll Need to Prove that a Defective Medical Device Caused You a Compensatible Injury
However, just establishing that a medical device was manufactured or designed improperly may not be enough to win your lawsuit. You must also provide evidence that your injury was directly caused from the use of the device. The legal representatives for the medical device manufacturer will try to blame your injury on some other reason rather than the defective medical device alone, so you and your lawyer need to be highly prepared with as much evidence to prove your side of the case as possible.
Sometimes, however, it isn’t necessarily the medical device that caused your injury, but rather your doctor’s error in deciding to use the medical device for a treatment other than what the device was created to treat. In such a case, your lawsuit should be against the doctor, not the manufacturer. You and your lawyer will then need to provide evidence to prove that your doctor was negligent in prescribing the medical device to treat your condition. To prove such a case against your doctor, you will need to establish that your doctor failed to appropriately exercise the proper amount of care or sound judgment in deciding that the device was right for the treatment of your particular medical problem. Unfortunately, just a wrong treatment plan may not be enough evidence to prove your case. You’ll also have to show that the device was what caused your injury.
Called a medical malpractice lawsuit, a lawsuit against a healthcare provider or medical device manufacturer, is one that is complicated, expensive, and lengthy. Thus, retaining a lawyer experienced and successful in the settlement of medical malpractice cases is paramount to your success. Pursuing a medical malpractice lawsuit that involves a medical device can provide you and your family with financial assistance to cover your medical expenses, lost wages, emotional distress, physical pain, and inconvenience. Sometimes, the judge or jury in your case may award punitive damages as an added incentive to the doctor, hospital, or manufacturer to make certain that similar injuries do not occur again.
If You Have Been Injured by a Defective Medical Device, Contact an Experienced Medical Malpractice Lawyer for an Evaluation of Your Case
If you have been injured as the result of use of a medical device, you may have grounds to file a medical malpractice lawsuit against the responsible party. To determine if your case has merit, contact a reputable, highly-skilled, experienced medical malpractice lawyer for assistance.
