We live in an age of incredible medical technology, but it isn’t infallible. When medical devices work correctly, they can save or improve lives. When they are defective, they can cause serious injuries or worse.
If you put your trust in a medical device and suffered an injury due to its malfunction or a defect in its construction, you may be entitled to compensation. A Jacksonville defective medical devices lawyer can help you fight for your rights and get the money you need.
At Whitley Law Firm, our Jacksonville personal injury lawyers have over 120 years of combined experience advocating for people like you. If you have been seriously injured due to a defective medical device, contact us for a free consultation.
What is a Defective Medical Device?
A defective medical device is any medical device that fails to perform as expected during its intended usage. The United States Food and Drug Administration (FDA) regulates medical devices. Failure can occur for several reasons, including:
- Poor design: A badly designed product could be dangerous, especially if it behaves in unexpected ways.
- Lack of testing: Insufficient test trials could lead a company to believe their product is safe when it is not.
- Inferior materials: Even if a product’s design is solid, the material used to build it may not be, resulting in injury to patients.
- Improper packaging: Some medical devices need to be packed and stored in specific ways to ensure they are safe to use with patients
- Incorrect labeling: Incorrect safety labeling or instructions could lead to the misuse of an otherwise safe product.
The FDA may issue a recall in cases of frequent failures. The Exactech knee and ankle replacement systems recall is one such example. Your attorney can advise you on the best course of action if your implant or product is recalled.
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Contact Us Today For a FREE Confidential Case Review (800)785-5000Should You Take a Settlement?
When you are injured due to a defective medical device, you should contact a lawyer as soon as possible. Do not agree to a settlement before speaking to your attorney. Avoid talking with insurance companies, the hospital, or the medical device company.
Insurance companies aren’t on your side. They are interested in paying out as little as possible, and that means offering you much less than you deserve. An experienced lawyer knows their tricks and can advocate on your behalf.
It also may be tough to know what your case is worth without consulting a lawyer. At Whitley Law Firm, we know how to evaluate your expenses and hardships and come up with a fair offer. We aren’t going to let an insurance company tell you what your injuries are worth.
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How a Defective Medical Devices Lawyer Can Help
A Jacksonville defective medical devices attorney can perform a range of services to help you get maximum compensation for your injury. While every case is different, here are some of the things you might expect.
Explain Your Options
During your initial free consultation, we’ll want to get a clear idea of what happened and which parties may be liable. Depending on the circumstances of your case, this could include:
- The equipment manufacturer
- Your doctor
- The hospital
- Regulatory agencies
Once we have established the negligent parties, we will compile a comprehensive list of costs and expenses you’ve incurred due to your accident.
This will include economic compensation, such as the expense of additional doctor appointments. If applicable in your case, it may also include non-economic compensation, such as pain and suffering.
Negotiate with Insurance Companies
Once we determine who is at fault and assess your hardships to determine a fair compensation amount, we will negotiate with insurance companies on your behalf. You don’t need to speak to them.
Some insurance companies use sly tactics to trick victims or make them appear to be less injured than they claim. We know their game, and we have the experience and knowledge to take them on.
Represent You in Court
Ideally, we’d like to settle things at the negotiating table and come away with the fair compensation you deserve. Unfortunately, that isn’t always possible.
When the insurance companies aren’t willing to agree on a reasonable settlement, we may need to take things a step further. Our Jacksonville defective medical devices lawyers can file a civil suit on your behalf and represent you in court.
This firm has always been about people and helping them.
Contact Us Today For a FREE Confidential Case Review (800)785-5000Types of Defective Medical Devices
Any medical device has the potential to harm a person when defective. However, due to their nature and usage, some are more likely to cause major issues than others. This includes:
- Implants and prosthetics: Implants and joint reconstructions such as hip and knee replacements may wear prematurely or unevenly. These issues may require further surgeries and can result in complications such as pain and possible infection.
- Pacemakers: Pacemakers rely on batteries to regulate heart rhythms. When they fail due to poor designs or malfunctions, the consequences can be disastrous.
- Surgical instruments: Surgical blades and other instruments can break, causing injury or complications during surgery. Surgeons depend on these instruments for complicated procedures.
- Surgical mesh: When surgical mesh fails, such as the type used for hernia repair, it can lead to pain, infection, and additional procedures.
- Catheters and stents: Clogged catheters can lead to infections, pain, and discomfort. Defective stents can cause clotting and result in serious medical issues.
- Infusion pumps: Infusion pumps deliver medication intravenously. When they malfunction, it can have life-threatening consequences.
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Contact Us Today For a FREE Confidential Case Review (800)785-5000Contact a Defective Medical Devices Lawyer in Jacksonville
We depend on medical professionals to give us their best advice and offer safe and effective treatment options. Technology makes their jobs easier than ever, but accidents can still happen. If you are injured through no fault of your own, it doesn’t seem fair.
It can be overwhelming when your medical bills are mounting. You need someone to advocate on your behalf. A defective medical device lawyer in Jacksonville knows the law and how to get you the compensation you need to get back on your feet.
At Whitley Law Firm, we’ve stood up for victims like you since 1974. Contact us today to find out how we can help.
Learn about what makes us unique and why we are the right firm to help you.
Contact Us Today For a FREE Confidential Case Review (800)785-5000