While any product can be defective, it is especially alarming when it involves a medical product that is intended to help aid in the wellbeing of an individual. Unfortunately, this is all too common.
If you are injured by a defective medical device, the first thing that you should do is to seek immediate medical attention. If you fail to seek medical assistance, your injury may worsen or result in long-term damage. Additionally, by seeking medical attention you create a hard record of your injuries, which can therefore boost your claim. Alternately, if you fail to seek medical attention, it can be argued that your injuries weren’t as bad as you claim and that you are therefore only entitled to a smaller amount of compensation.
Another good idea is to keep a journal and write down anything related to your injury or treatment. Also include anything you noticed about the medical device. Share how you are feeling, how your injuries are healing, the pain you are in, and how your injuries have impacted your life.
Proving Liability
A claim for a defective medical device falls under product liability. The basis for product liability law is that when the public purchases a product that is should do what it promises without causing any harm. In order to prove a defective medical device claim, you must prove negligence. This means that the other party owed you a duty of care but failed to meet it. To prove a defective medical device claim in Texas, you must prove that:
- The medical device caused your injury (this can often be proven through medical records);
- The manufacturing of the device caused the defect or the device was marketed in a misleading manner in regards to how it should be used; and
- The poor design is what caused your injury or the way it was marketing caused you to use it incorrectly, resulting in injury.
Damages
There are various damages that you may be eligible for if you prove negligence. Such damages include:
- Medical expenses
- Lost wages
- Pain and suffering (physical and/or mental)
- Loss of companionship
- Loss of consortium
- Loss of enjoyment of life
Statute of Limitations
It’s important to bear in mind that you only have a certain period of time during which you can legally bring a claim for injuries caused by a defective medical device. This period of time is known as the statute of limitations and is two years from the date that your injury occurred. If you fail to bring a claim during that period of time, you may be prevented from bringing it (and recovering damages) at all. That’s why it’s so important to consult with a qualified personal injury attorney as soon as possible. He or she can help to collect evidence and walk you through the whole process, advising you of the best course of action.
The Attorneys at Rochelle McCullough Help Those in Dallas Who Have Been Injured by a Defective Medical Device
If you or a loved one has been injured by a defective medical device, it can have a great impact on your life. When you are already dealing with recovering from your injuries, the last thing that you want to have to worry about is negotiating with insurance companies. Still, you should not have to pay the price for someone else’s carelessness. That’s why a knowledgeable and experienced Texas personal injury attorney can help.
The lawyers at Rochelle McCullough will help fight for your rights. To schedule a consultation, contact us today.