When a medical device malfunctions and causes harm to a patient, the manufacturing company can be held liable under product liability law. If you or someone you love has been harmed by a faulty medical device, contact us for legal counsel. Our experienced and qualified defective medical device attorneys can help you take legal action against the manufacturing company and recover the compensation owed to you by law.
Medical Device Product Liability
Medical device manufacturing companies are responsible for ensuring the devices they produce are safe for patient use. If there is a known risk of injury linked to the device, the manufacturing company has a legal obligation to alert consumers and healthcare providers. If a company withholds any information regarding potential risks, it can be held liable for negligence.
There are three different types of defects that may occur:
- Design defect — when there is an actual flaw in the design
- Manufacturing defect — when the design is safe, but something goes wrong during the production process
- Marketing defect — when safety risks or instructions for use are not properly outlined in the labeling materials
Complicated Legal Process
In order to be successful in recovering compensation for an injury caused by a defective medical device, the plaintiff must prove that the product actually caused personal injury. Due to the technical nature of these cases, the process is complicated and time consuming.
The defendant will likely make the argument that the plaintiff did not use the medical device properly, which would reduce the manufacturer’s liability. It is important to hire an experienced and knowledgeable lawyer who will be able to challenge such an argument and prove that the device was unsafe, improperly designed, or did not include proper instructions and/or safety warnings.
Contact a Medical Device Attorney
The law protects consumers who have suffered harm from faulty products such as medical devices. If you believe that your injury was caused by a defective medical device, contact Aitken * Aitken * Cohn today. A qualified Orange County medical device attorney from our firm will evaluate the details of your case and fight aggressively to get you the compensation you deserve.