Chapel Hill Defective Medical Devices Lawyer

You rely on medical technology to improve your health and your life. However, defective medical devices can cause injuries and hardships that you never expected. When you put your faith in medical institutions and suffer an injury, it is hard to know what to do next. 

If you have been injured due to defective medical equipment, you deserve compensation for your financial and emotional hardships. A Chapel Hill defective medical devices lawyer can help you get the money you deserve from the liable party that caused your injury. 

At Whitley Law Firm, our Chapel Hill personal injury lawyers have over 120 years of combined experience helping injured victims like you. Contact us today to learn how our innovative and compassionate approach can help you during this difficult time. 

What Is a Defective Medical Device?

A medical device that does not operate as it should is a defective medical device. Such faulty devices can cause serious injuries either directly or indirectly. Some examples of medical devices that may be defective include:

• Pacemakers
• Implantable defibrillators
• Stents
• Artificial joints
• Insulin pumps
• Ventilators
• Catheters
• Surgical instruments
• Blood glucose meters

The United States Food and Drug Administration regulates medical devices and may issue recalls in some cases.

Do You Need an Attorney?

When a defective medical device injures you, an insurance company may reach out to you with a settlement offer. It seems like they are looking out for you, and it can be tempting to take the money. Unfortunately, the insurance company for the at–fault party isn’t on your side.

They may offer you a lowball settlement, hoping you’ll take it so they can close your case for a fraction of what they really owe you. A Chapel Hill defective medical devices attorney can help you fight for your rights and get the settlement you deserve.

We know the games insurance companies play, and we won’t let them take advantage of you. With a skilled attorney on your side, you have a partner who levels the playing field with powerful insurance companies. 

Chapel Hill Defective Medical Devices Lawyer Near Me (800) 785-5000

Causes of Defective Medical Devices

Your attorney will investigate your case to find out how your injury happened and identify the at–fault parties. Some of the most frequent causes of defective medical devices that will point us to who is liable are:

Design Flaws

Improperly designed products that may cause injuries should be caught during the quality control and testing process. If not, the designer or manufacturer may be liable for injuries they cause.

Manufacturing Defects

Medical products must undergo appropriate testing to reveal defects before they are released to the market. If a manufacturer neglects this step, they can be held liable if the product is later determined to be defective. 

Improper Labeling

Some medical devices have specific storage requirements to maintain safety standards and keep them in good working order. Medical devices should include complete directions to advise staff on their safe usage. When otherwise safe devices are used incorrectly, they may cause injuries. 

Material Defects

Medical devices intended for long-term usage, such as implants, must use appropriate materials that will not degrade and cause illness or injury over time. Medical machines and implements such as scalpels should be made of materials that won’t crack or shatter, causing injury. 

How Much Is a Defective Medical Device Case Worth?

Defective medical device case awards can range from tens of thousands of dollars to hundreds of thousands of dollars. In rare cases where a company has been especially negligent, an award could be in the millions of dollars. 

Your defective medical devices lawyer in Chapel Hill will review your case, evaluate your economic and non-economic damages, and calculate your maximum compensation. They can use this number to file claims with insurance companies for fair compensation. 

Economic Damages

Economic damages are the costs and expenses you have incurred as a result of the defective medical equipment injury. Your attorney can easily calculate this number because it is associated with specific dollar amounts.

Your lawyer may consider:

• The costs of your medical expenses, including surgeries, doctor visits, expert consultations, medications, and physical therapy
• The projected costs of future medical care, like additional surgeries, ongoing therapy, or long-term medications
• Your lost wages and income due to your inability to work after your injury
• Your future employment outlook, whether you can return to your job, or if retraining is necessary

Non-Economic Damages

Non-economic damages are those for which it is not easy to assign a monetary value. They address the emotional, psychological, and social problems caused by your injury.

They are not always recoverable but may include things like:

• Pain and suffering
• Mental anguish
• Emotional distress
• Loss of enjoyment of life

Your attorney can let you know if they may factor into your settlement amount.

Punitive Damages

If your case goes to trial, you may be awarded punitive damages by the court. Punitive damages are rare, but in cases such as defective medical devices, they can greatly increase your compensation. 

Punitive damages are intended to punish the defendant when they have behaved with extreme recklessness or negligence and dissuade them and others from similar actions in the future. Your attorney can let you know if it is worth pursuing a civil lawsuit. 

Contact a Chapel Hill Defective Medical Devices Lawyer

When tragedy strikes and a defective medical device injures you, it can feel like a hopeless situation. Your medical bills are piling up, you can’t work and earn an income, insurance companies aren’t helping, and the medical care you depend on is what caused your problem. 

A Chapel Hill defective medical devices attorney will stand beside you during this tough time and work to help you get the compensation you need to get your life back on track.

The Whitley Law Firm has been around since 1974, fighting for the rights of injured victims in North Carolina. When you need us, we answer the call. Contact us today and tell us your story.