Defective Medical Products
Injured Due to a Defective Medical Product?
Many people use a medical device, such as a defibrillator, to better their health, only to suffer injuries from that same device. Oftentimes, injuries from a defective medical product can form the basis for a product liability claim.
A medical device refers to just about any device used by medical practitioners to treat a disease, illness, injury or disability. Some examples of medical devices that have run into medical and legal problems in recent years include but are not limited to:
- Contraceptive Devices
Defective medical products may include:
Defectively manufactured medical devices: Devices that were improperly manufactured or otherwise damaged. These defects can occur at the manufacturing facility, during shipping, or at the hospital or doctor’s office.
Medical devices with a defective design: Devices that were properly manufactured but have a dangerous design that results in injury. These are sometimes on the market for a long time before causing serious injuries, but later break down in some way. Sometimes a manufacturer knew of the danger but deliberately concealed it or delayed taking it off the market. When victims can prove this, more money in the form of punitive damages is awarded.
Defectively marketed medical devices: Marketing of a medical device refers to any recommendation, warning (or lack of a warning), or instruction concerning use of that device. Anything from a failure to provide adequate or accurate warnings of the danger posed by the medical device to a failure to provide adequate instructions regarding its safe and appropriate use. The “bad advice” may come from the manufacturer, doctor, hospital, sales rep, or other medical provider. Sometimes defective marketing comes by sales pitches targeting the medical profession.
We’re Here to Help
If you have a defective medical product claim, the team at Friedman & Throop Law can help you get the justice you deserve, and make sure the responsible party is held accountable for your injury. Responsible parties often include:
The Manufacturer: The manufacturer is typically a large company, which is generally good news if you’re seeking compensation for your injuries. But, often these companies retain teams of high-priced lawyers to defend such cases.
Testing Laboratory: Laboratories that performed tests on the medical device, especially if they are independent of the manufacturer.
Medical Sales Representative: Manufacturers often use sales reps, who meet with doctors and members of the medical community to tout the latest medical device and recommend its application. Sales reps may be liable if they recommended the medical device that injured you.
Doctor: The doctors who recommended the defective medical product for which you have a claim may be liable based on their failure to warn you about potential dangers or to provide adequate instructions regarding proper use.
Hospital or Clinic: Any company that was part of the chain of distribution between the manufacturer of the medical device and you may be liable for your injuries.
Retail Supplier: If you obtained the defective medical product that injured you from a pharmacy, drug store or other retail supplier, they may also be liable in your claim.
Experienced defective medical product lawyers can help you get compensation for your claim. Different types of compensation may include:
- Medical expenses
- Lost wages
- Household services
- Pain and suffering
- Loss of enjoyment of life
- Property damage
- Punitive damage
What To Do Next
If you have questions or have suffered an injury or loss and need to know your rights to compensation, call Friedman & Throop Law at 775-322-6500. Our team of defective medical product lawyers in Nevada will fight to make sure you get the help and justice you deserve.
All cases handled by Friedman & Throop personal injury attorneys are on contingency. There is no cost to you for an initial consultation or case review.