Greenville Defective Medical Devices Lawyer

Technology has allowed us to live longer, healthier lives. Most of us can’t expect to understand the complexity of some of the medical devices we rely on. However, we should be able to trust medical professionals to use safe equipment that won’t harm us. 

Unfortunately, that doesn’t always happen. Every year, flawed medical devices cause serious injuries and deaths. If you or your loved one have suffered a medical equipment-related injury, a Greenville defective medical devices lawyer can help you get the compensation you deserve.

At Whitley Law Firm, our Greenville personal injury lawyers are here to help. We approach each case with compassion for our clients, and we’ve recovered millions for victims. Contact us today for a free case evaluation. We want to hear your story. 

How much is a Defective Medical Devices Case Worth?

The best way to get an estimate of your damages is to consult a defective medical device attorney. We can assess your hardships and arrive at a fair number. 

A skilled attorney can also help you understand North Carolina’s laws concerning medical malpractice and how they might affect your potential compensation. 

While every case is different, you may be able to collect several types of compensatory damages.

Economic Damages

Economic damages are those where it is easy to attach a specific dollar amount. For example, you know exactly how much your doctor’s visits cost because they sent you a bill. Other forms of economic damage you may be able to claim include:

• Specialist visits
• Physical and occupational therapy
• Medications
• Projected medical expenses as a result of your injury
• Lost wages
• Your future earning potential due to the injury

Non-Economic Damages

Non-economic damages are harder to calculate and only applicable in certain situations. These address the emotional and psychological aspects of your injury. While less visible, they are every bit as real and may include:

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

Your Greenville defective medical devices lawyer can advise you on how much insurance companies pay for pain and suffering. 

Punitive Damages

Punitive damages are a special class of damages. They are rare and awarded by a court. To qualify for punitive damages, the plaintiff must show that the defendant took illegal, extremely negligent, or excessively reckless actions. 

In North Carolina, punitive damages are capped at $250,000, or three times the amount of compensatory damages. Your defective medical devices attorney in Greenville can advise you on whether it is worth pursuing punitive damages in your case. 

Dealing with Insurance Companies

In most cases, you should not accept a settlement from an insurance company for your accident, at least not without speaking with an attorney first. Insurance companies often offer low settlements in an attempt to get their clients out of trouble as cheaply as possible. 

Once you agree to their offer, you typically waive your rights to future assistance. Insurance companies may employ deceptive tactics to try and downplay the extent of your injury. In other words, they aren’t on your side.

When you hire a Greenville defective medical devices attorney, you have an ally who can deal with the insurance companies on your behalf. We know how they operate, and we will advocate for a fair settlement that makes a difference in your life. 

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

What is a Defective Medical Device?

A defective medical device is any device used for medical purposes that does not operate expectedly. Usually, manufacturers catch these problems before the device enters public use. However, faulty equipment can slip through for various reasons, including:

• Poor design: A poorly designed project should fail quality assurance tests, but if it is not caught, it can cause serious problems. 
• Bad labeling: Mislabeled products or products with incorrect directions may be used incorrectly by well-meaning medical staff. 
• Subpar materials: When companies try to save money by using poor-quality construction materials, it can lead to defective products. 
• Improper packaging: Some products must remain sterile or protected from the environment, but sometimes, the packaging itself can cause injury. 
• Inadequate testing: Products that have not undergone proper testing may perform unreliably when put into service. 

Types of Defective Medical Devices

Almost any medical device can be defective, and some can cause serious injuries and complications. Even if you think your injury is minor, it is important to reach out to a Greenville defective medical devices lawyer so you understand your options. Some devices with the potential for major issues include:

• Implants, such as those used in joint reconstructions and cosmetic surgery. 
• Prosthetics and artificial limbs 
• Pacemakers
• Surgical instruments
• Surgical mesh, like the type used in hernia repair
• Catheters and stents
• Infusion pumps

Can You Sue if a Defective Medical Device is Recalled?

The U.S. Food and Drug Administration (FDA) regulates medical devices. If there is a problem, they may issue a recall. If you are injured by a defective device that has been recalled, that could impact your case. 

However, you may have a case if a medical device is recalled, even if you haven’t been injured. These types of cases are complicated and not always successful, as you need to prove the recalled device has harmed you in some way. 

If you are considering your next steps after learning your product has been recalled, it is important to speak with an attorney. We can help you understand your rights in this very specific situation and let you know if you have a case. 

Get Help from a Greenville Defective Medical Devices Attorney

Medical devices are supposed to improve our lives, and they usually do. However, when they are defective, the same products we trust for our health and wellness can cause serious injury or even death. 

Injuries resulting from defective medical equipment can have long-lasting consequences that cause mounting medical bills, lost work hours, and tremendous pain and suffering for you and your family. A defective medical device lawyer in Greenville can help. 

Our attorneys at Whitley Law Firm prioritize compassion and understanding in fighting for the rights of accident victims. Contact us today for a free consultation to learn how we can help.