The U.S. Food and Drug Administration (FDA), is a governmental agency with oversight authority of medical devices. Each year, the FDA receives "several hundred thousand medical device reports" involving malfunctions, serious injuries, and even fatalities.
If you've suffered injury as the result of a defective or malfunctioning medical device, once you have addressed your medical needs you may want to know about your legal rights. You will probably wonder whether you should retain legal representation to pursue a faulty medical device lawsuit. Before discussing this issue in more detail, the simple and direct answer is yes.
A medical device is generally defined as any appliance, apparatus, material, software, or article, used on its own or in combination with something else, that is designed for diagnostic, treatment, or therapeutic purposes. The list of what constitutes a medical device is long and can include anything from crutches to a pacemaker.
You need to have in mind that a faulty medical device lawsuit is a highly complex legal matter. Indeed, some legal professionals would contend a faulty medical device lawsuit is one of the most complicated of all legal matters.
Classifying a medical device lawsuit can be rather complicated in some instances. Generally speaking, this type of claim is considered to be a products liability claim involving a medical device. With that said, depending on the specific facts and circumstances surrounding a case, there may also be an element of medical malpractice. For example, if a doctor knew a certain medical device was somehow defective, but moved forward and utilized it for a patient anyway, that physician could very well be subject to a claim for medical malpractice in addition to one involving products liability.
Once again, the facts and circumstances of a particular case dictate which parties are potentially responsible for a defective medical device. Having noted this, potential legally responsible parties may include:
Medical sales companies
Medical sales representatives
Other healthcare professionals
The first step in obtaining the compensation you deserve, is to retain the professional services of a qualified and committed faulty medical device lawsuit attorney. You can schedule a free initial consultation with attorney Douglas Zane. During this preliminary appointment, you will be provided with an evaluation of your case and more information about the necessity of having an experienced attorney involved with your lawsuit.
Douglas Zane has an extensive background in representing individuals who have experienced injuries due to defective medical devices.
For more information on our faulty medical device attorneys, please visit our site.