New Bern Defective Medical Devices Lawyer

Innovative medical products can help people live longer, recover from illness faster, and regain mobility after a serious injury. However, when defective, that same technology can harm the patients it is intended to help. 

If you or a loved one have been injured due to malfunctioning or poorly designed medical equipment, a New Bern defective medical devices lawyer can help you understand your rights and recover the compensation you deserve. 

At Whitley Law Firm, we have over 120 years of combined experience fighting for people like you. Our New Bern personal injury lawyers will approach your case with compassion and your best interests in mind. Contact us today for a free consultation and find out how we can help. 

What is a Defective Medical Device?

A medical device that fails to perform as expected may be considered defective. In some cases, these performance or structural abnormalities can result in unexpected injuries. The Food and Drug Administration (FDA) regulates medical devices in the United States. 

In some instances, the FDA may issue a recall on a medical device. This may impact your case in various ways, so it’s smart to speak with an attorney so you understand your rights. 

A medical device can fail for many reasons, including: 

• Inferior materials: Some companies may cut corners and use inexpensive manufacturing materials and techniques, resulting in dangerous products. 
• Flawed designs: A product may be designed poorly for its application, or a manufacturer may not have considered all possible applications. 
• Inadequate testing: Products should undergo stringent testing before they are released to the public. Poor quality control here can be disastrous. 
• Labeling errors: Labels and directions must be clear so that consumers are not confused about a product’s intent or usage. 
• Improper packaging: Products with an expiration date or that must remain sterile, for example, need the appropriate packaging to remain safe for use. 

What to Do if Defective Medical Equipment Injures You

While no two cases are identical, there are a few basic things to consider if you are injured by flawed or defective medical equipment.

Contact an Attorney

Speak to a lawyer as soon as possible, even if you aren’t sure if you have a case. The advice of a skilled New Bern defective medical device attorney can help you avoid many of the common mistakes people make when they are in your situation.

One of those mistakes is taking a settlement from an insurance company. Insurance companies are not on your side. Often, they aim to get their client out of trouble as inexpensively as possible. That means paying you as little as they can get away with. 

Once you take a settlement, you typically waive your rights to future compensation. Your New Bern defective medical devices lawyer can advise you on what happens when you reject an insurance settlement offer and then deal with insurance companies on your behalf. 

Continue Your Medical Care

This can be a tough one when the medical providers you trusted may have caused your injury. Your attorney can help here, too, by lining you up with doctors and specialists who will continue your medical care program. 

Attend all appointments and follow your doctor’s recommendations. Of course, the number one thing is to start your healing process and recover. 

However, by showing you are serious about your medical care, you create a timeline that shows the full extent of your injuries and the care you require because of them. 

Keep Track of Expenses

Save your receipts and invoices and keep track of all expenses related to your injury. Your attorney can sort it all out, but having this information may help them calculate the amount of compensation you need to pay your bills. 

Remember to include lost wages in that amount as well, as well as any other costs such as ride-share services if you are unable to drive due to your injury, or babysitter costs if you must take extensive time away for treatment or therapy.

It is also a good idea to keep general notes on how your injury has affected you and your family. Pain and suffering aren’t available in every case, but the ability to show the emotional toll your injury has taken may help. 

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

How Much is a Defective Medical Device Case Worth?

It is impossible to know how much your case may be worth, as each situation is different. A New Bern defective medical devices attorney can review your circumstances and come up with a fair settlement number. To do this, they will consider factors such as:

• Medical expenses: How much has your current care cost you due to your injury? This includes things like doctors’ visits, procedures, medications, physical therapy, and occupational therapy.
• Lost wages: If you are unable to work due to your injury, you may be able to recover the cost of lost wages. 
• Future medical needs: Your attorney may look forward and consider the costs of your ongoing care as a result of your injury. 
• Future earning capabilities: If you are unable to return to your current job or require extensive retraining due to your injury, you can claim it as part of your compensation.
• Non-compensatory damages: These are damages without a clear monetary value, such as pain and suffering, emotional distress,  and loss of the enjoyment of life.

Talk to a Defective Medical Devices Lawyer in New Bern

Defective and dangerous medical devices can cause serious injuries and even death. You trust the medical establishment to help you. When they betray that trust through negligence or recklessness, you need someone in your corner to help you understand your rights.

If you or a loved one has been injured by defective medical equipment, a New Bern defective medical devices attorney can help you get the compensation you deserve. We’ll address your case with compassion and understanding so you can start putting your life back together. 

Since 1974, Whitley Law Firm has made it our mission to help victims in need. Our attorneys are ready to hear your story. Contact us today for a free consultation.