There are plenty of medical devices that help improve the quality of life for patients dealing with a variety of health issues. Devices, like pacemakers, stents, and insulin pumps, can help to improve a patient’s health and lifestyle. However, a defective medical product can lead to an irreparable injury or even death. This can leave a family devastated and looking for answers on how to handle the case legally and who is liable for the death.
Many families have had to deal with defective medical devices. According to some experts, over 1.5 million injuries and 80,000 deaths are linked to defective medical devices in the United States each year. This further proves that a victim’s family must hold liable parties accountable by contacting a lawyer for help with a wrongful death claim. A wrongful death claim helps a family obtain entitled compensation for medical bills, lost wages, funeral costs, and other expenses related to the death of a loved one.
When someone dies from a defective medical device, their loved ones are entitled to take legal action. However, families might find it difficult to determine who is considered responsible. This depends on the case, however, it is possible that one or multiple parties are responsible.
A lawyer can help a family determine who is at fault for their loved one’s death. This is often determined by making conclusions on how the product itself was defective. If the product’s design was defective, the designer could be held liable. If the product was damaged while it was processed, the manufacturer is likely liable. If the doctor failed to tell the patient all of the potential risks associated with the medical device, the doctor is considered liable.
Parties who could be liable for the defective medical device:
To determine who is liable in a particular case, the victim or their family should contact a lawyer. A lawyer can conduct an investigation to determine who is considered at fault and ultimately provide evidence in court to prove their liability and secure compensation.
There are three different types of medical device defects. The three types of defects can affect the way a case is handled, so it is important to know their differences. The three types of claims include:
Design: When a device’s design is defective, it indicates that the product itself is flawed. This also means that the device was not damaged in some way after production. This is important to know because it determines who the plaintiff is in a case. When the design itself is defective, the manufacturer would likely recall the product since the defect would likely affect all of the consumers. This type of case focuses on when the manufacturer was aware of the defect and how they took action.
Manufacturing: When a device’s manufacturing is defective, it indicates that the product was poorly manufactured. A manufacturing flaw could indicate that a product was damaged while it was processed. One should note that a manufacturing defect differs from a design defect. A design defect indicates that all of the products have the issue, while a manufacturing defect only affects one product.
Marketing: If the device’s marketing is defective, it indicates that the manufacturer failed to warn either doctors or consumers about the inherent risks of using the product. Patients deserve to know the risks associated with the medical device before it is implanted. If the manufacturers failed to do so, they could be held liable. Similarly, the medical sales representative could be considered liable if they failed to tell the hospital the risks associated with the device. Also, a doctor could be liable if they failed to tell their patient all of the associated risks of the device.
In a wrongful death claim, the family must prove that the plaintiff had a duty of care to the patient. Once this is established, they must prove that the company or plaintiff breached their duty of care. In most instances, a breach is caused by negligence in selling or implanting a defective product or failing to disclose the risks associated with the device.
Also, the family must prove that the victim died as a result of the plaintiff’s negligence. They must prove that they faced damages as a result of their loved one’s death. Damages can be both physical or emotional, therefore, many families obtain pain and suffering after the death of a loved one.
When a defective medical device leads to a loved one’s death, their family is entitled to file a wrongful death lawsuit. A wrongful death claim helps a family get the compensation they need for the financial and emotional losses after a loved one’s death. Compensation in a wrongful death lawsuit includes medical bills, lost wages, funeral expenses, mental anguish, and loss of consortium. A lawyer can help a family determine the total amount of damages they endured as a result of their loved one’s death. Identifying this number is an important part of the legal process and can help a family determine what is a fair settlement.
In order to file a wrongful death claim, the family should contact a lawyer. A lawyer can help the family file the lawsuit and gain the compensation they deserve. When a loved one dies, it can put both emotional and financial pressure on a family. This is because the death forced the family to lose one stream of income while dealing with the added expenses of their family member’s death. A lawyer can help alleviate this financial stress by holding guilty parties accountable and maximize the family’s damages by identifying several different plaintiffs. This allows a family to grieve their loved one without added stress.
A defective medical device can leave a victim facing both physical and emotional effects. These effects include having an injury or exacerbated disease as a result of the defective device that requires additional medical attention. A victim may also have to miss work because of their condition. This puts a financial burden on the victim. A victim facing financial challenges as a result of a defective medical device should contact a lawyer. A lawyer can help a victim secure entitled compensation and hold guilty parties accountable.
If you have an injury that was caused by a defective medical device, or you lost a loved one, you need to contact one of our Philadelphia defective medical device lawyers at Brookman, Rosenberg, Brown & Sandler. Complete our online form or call us at 215-569-4000 for a free consultation today. Located in Philadelphia, we proudly serve clients throughout Pennsylvania and New Jersey, including Delaware County, Chester County, and Philadelphia County.