When a doctor recommends that you use a medical device, you trust that it will be safe to do so. Medical devices are supposed to protect patients and not injure them. Unfortunately, each year, a number of people in Florida and across the United States are injured and even killed as a result of using defective medical devices. If you or someone close to you has been harmed by a medical device, it is imperative to reach out to a seasoned Miami product liability attorney who can assess the merits of your case.
The Food and Drug Administration (FDA) has the responsibility of protecting the public from any health hazards that may be caused by a defective medical device. Despite the FDA’s thorough approval process, the unfortunate reality is that dangerous medical products are sometimes introduced into the marketplace. A wide range of medical devices may cause injuries to an individual. The following are a few examples: defibrillators, pacemakers, stents, breast implants, contraceptive devices, insulin pumps, hip implants, and any other retail or prescribed devices.
If a defective medical device has injured you, you can file a product liability claim against the at-fault party. Such a claim can be filed for one of the following reasons:
- A design defect, which is a flaw in the product’s conception or original design.
- A manufacturing defect, which is a flaw in how the product is made or assembled.
- A failure to warn, which is when there is a failure to warn consumers of the possible dangers associated with using a product.
It is important to note that medical device manufacturers are typically the parties that are liable for injuries caused by medical devices, but there may be other responsible parties as well. A skilled lawyer can help you identity each potentially liable party.
In order to establish a product liability case, you must prove the following elements: i) you were injured; ii) the medical device that you used was defective; and iii) the defective device was the direct and proximate cause of your injury. If you can establish each of the elements, you likely will be able to recover compensation in your case.
A defective medical device can cause life-threatening injuries that can be extremely costly to treat. Injured victims often have to deal with the burden of unforeseeable expenses. Fortunately, Florida allows victims of defective products to recover compensation for medical expenses, lost income, pain and suffering, rehabilitation costs, loss of quality of life, and any other losses arising from the defective medical device.
If you suspect that a defective medical device has harmed you, you may be entitled to compensation for your harm. At the Law Offices of Robert Dixon, our skilled Miami product liability attorneys can scrutinize the facts of your case and come up with a legal strategy accordingly. With years of experience, we have helped many South Florida clients resolve their claims and can help you as well. You can rest assured that we will protect your rights at every step of the way. Feel free to call us at 1-877-499-HURT (4878) or contact us online today.
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