People generally trust that if they have a medical issue and a doctor uses a medical device to treat it, that medical device is safe. Such devices are meant to help you, not hurt you. However, medical devices can actually hurt you more than they can help you in some cases. If medical devices are used for the wrong purpose or if they are defective, they can worsen your child’s medical problem or create new medical problems. If you feel that your child has been the victim of a damaged or misused medical device, you have the right to sue the hospital, doctor, or manufacturer at fault.
Medical Device Lawsuit
You can file a medical device lawsuit against products such as a faulty heart valve, pacemaker, prosthetic, trans-vaginal mesh, or other devices. However, in order to successfully make an injury claim against a medical device, you must be able to argue that the medical device used on your child was defective or that all such medical devices were designed improperly.
Class Action Lawsuit
In the case of multiple people being affected, you could file a personal injury class action lawsuit or a mass injury class action lawsuit. However, it is important to keep in mind that it is not enough to prove that a medical device was designed or used improperly. You also have to prove that the medical device caused your child’s injury.
Manufacturers will claim that your child’s injury is a result of something other than the medical device, so you need to find proof that the injury was caused specifically by the medical device.
Who Do I Sue?
If a doctor is responsible for your child’s injury because the doctor misused the medical device, you should sue the doctor, not the manufacturer of the device. You can claim that the doctor was negligent in his or her use of the device.
However, to prove negligence, you have to prove that the doctor did not use sound judgment or great care when using the device. In addition, you must prove that the medical device was the tool that caused your child’s injury.
If you win your child’s personal injury lawsuit you are entitled to monetary compensation for treatment of your child’s injury, and any emotional or physical distress your child experienced as a result of the device.
Some cases will award punitive damages. These damages are an incentive for the defendant to use greater caution in the future in order to ensure that similar injuries are avoided.
If you think that your child was injured as a result of a defective or improperly used medical device, you should contact a personal injury lawyer as soon as possible. Such lawyers are skilled in cases similar to your child’s, and will know the correct course of action to take in the case.
Hiring a personal injury lawyer can help to put your mind at ease by taking the stress of proving your child’s case by yourself off of you. You will have someone who is familiar with the law and who is fighting to help your family win the case.