Defective medical device cases differ from other personal injury cases in the parties involved, the types of evidence needed, and the laws that apply to your case. A defective medical devices lawyer in Dallas can help you navigate the complexities of your product liability case to seek the compensation you need.
While medical device cases are different than other personal injury cases, both case types share similarities. For example, victims of medical device injuries are eligible for compensation just like other personal injury victims.
Key Differences Between Defective Medical Device Cases and Other Types of Personal Injury Claims
Defective medical devices cases are a specialized subset of personal injury law, known as product liability law, and they have several distinct characteristics that set them apart from other types of personal injury cases. Here are some key differences:
Complexity of Evidence
Cases involving defective medical devices often require highly technical evidence regarding how the device is supposed to work, how it failed, and the specific harm caused by this failure. This can involve detailed medical records, expert witness testimony from medical professionals, and engineering analyses of the device itself.
Regulatory Framework
Medical devices are subject to regulation by government agencies, such as the U.S. Food and Drug Administration (FDA) in the United States. Legal arguments in these cases may involve whether a device was properly approved or cleared by such agencies, compliance with regulatory standards, and reporting of adverse events. This regulatory aspect is usually not a factor in other types of personal injury cases.
Manufacturers as Defendants
In defective medical devices cases, the defendants are often large manufacturers, as opposed to individuals or local businesses more commonly found in other personal injury cases. This can impact the resources available for defense, the potential for widespread harm (and thus class action suits), and the public relations considerations for both sides.
Causation and Damages
Proving causation (that the device directly caused the injury) can be more challenging in these cases due to the complexities of medical conditions and treatments. Plaintiffs must often demonstrate not only that the device was defective but also that this defect directly led to their specific injuries, which can be a high bar to meet.
Potential for Class Action or Multidistrict Litigation (MDL)
If a defective medical device has affected a large number of people in a similar way, plaintiffs may band together to file a class action lawsuit or become part of an MDL. This consolidates many similar individual cases to streamline the legal process, a scenario less common in other types of personal injury cases that typically involve unique circumstances and injuries.
Statute of Limitations and Discovery Rule
While all personal injury cases are subject to statutes of limitations such as Texas Civil Practice and Remedies Code § 16.003, defective medical device cases may uniquely benefit from the “discovery rule,” which allows the statute of limitations to start from the date the injury was discovered (or should have been discovered), rather than the date of the actual event. This is particularly relevant for devices that may cause harm years after implantation or use.
Ethical and Public Health Implications
Finally, cases involving defective medical devices often raise broader ethical and public health concerns. The outcome of these cases can affect regulatory practices, industry standards, and future patient care.
Given these differences, navigating a defective medical devices case can be less stressful when you hire a lawyer with experience in both personal injury and product liability law.
Types of Damages You Can Recover in a Defective Medical Device Claim
A product liability lawyer can assess your case and determine which damages you’re eligible to recover. These damages are generally categorized into economic and non-economic damages. In fatal accident cases, surviving family members can also seek compensation for wrongful death damages. Here’s a breakdown of the losses you may recover:
- Medical expenses: Costs for past and future medical care related to the injury, including hospital stays, surgeries, medications, and any other medical treatments.
- Rehabilitation costs: Expenses for physical therapy, occupational therapy, and other forms of rehabilitation.
- Lost wages: Compensation for income lost due to time away from work, including lost earning capacity if the injury affects your ability to work in the future.
- Pain and suffering: Compensation for physical pain and emotional distress suffered as a result of the injury, including anxiety, depression, and loss of enjoyment of life.
- Loss of consortium: Damages awarded to the spouse or family members of the injured party for loss of companionship, affection, and other aspects of the relationship affected by the injury.
- Disability and disfigurement: Compensation for any permanent disability or disfigurement caused by the defective device, including the cost of prosthetics and adaptations needed for daily living.
- Wrongful death damages: Compensation for the family or estate of the deceased, covering funeral and burial expenses, loss of the deceased’s expected earnings, loss of inheritance, loss of companionship and support, and emotional distress suffered by surviving family members.
How a Defective Medical Device Lawyer Can Benefit Your Product Liability Claim
Working with a lawyer in your defective medical device case offers several benefits:
- Knowledge of the law: Lawyers provide specialized knowledge of product liability law, helping navigate complex legal and regulatory landscapes.
- Evidence management: They handle the collection and analysis of intricate evidence, including medical records and expert testimonies.
- Negotiation skills: Experienced in negotiating with large manufacturers and insurance companies, lawyers strive to secure a fair settlement for you.
- Litigation support: A lawyer can represent your interests in court, offering advocacy.
- No upfront costs: Many operate on a contingency-fee basis, meaning you pay only if you receive a settlement or judgment.
- Stress reduction: By managing all aspects of your case, lawyers reduce the stress and burden on you, allowing you to focus on recovery.
Call Loncar Lyon Jenkins to Take Action in Your Defective Medical Product Case
If you suffered injuries because of a defective product, you may be entitled to compensation. A personal injury lawyer from Loncar Lyon Jenkins will support your case and explain how it differs from the other cases we handle.
Get started today with a free consultation. We can discuss your case now.
