Las Vegas Nevada Personal Injury Lawyer Talks About Defective Medical Devices
With the advancement of medicine came the advancement of medical devices. Though you may not realize it, medical devices are involved in nearly every step of medicine. They aid physicians, nurses, and technicians through diagnosis, treatment, and recovery. More serious injuries and conditions can require medical devices for the duration of an individual’s life. While they are often life-saving necessities, not all medical devices and equipment are perfect. In some cases, a medical device or equipment item can be defective and may result in serious, possibly fatal, consequences. When an individual is harmed due to a defective medical device, he or she is entitled to compensation. This compensation can be achieved by filing a personal injury claim with a Las Vegas Nevada personal injury lawyer against the responsible party, whoever that may be.
As with all manufacturers of products that go out to consumers, medical device manufacturers are held to a certain standard that the products they put out on the market are safe and not defective. If a device that is on the market is found to be defective, the manufacturer must notify the public and issue a recall or some other action to protect the public from the potential danger of their product. When a manufacturer fails to ensure the safety of their product, they may be held liable for any injury or death that results from the use of their product.
Though they are nearly everywhere in medicine, it may not be initially obvious how entwined medical devices are in the lives of most Americans. Most people in the US have or know someone who has experience with a medical device. Medical devices that can be defective and result in injury include but are not limited to the following:
- Heart valves
- Drug pumps
- Knee, hip, and other joint implants
- Surgical instruments
- Transvaginal mesh
- Breast implants
- Kidney dialysis filters
- Intrauterine devices (IUDs)
If you or someone you know has been injured from one of these or another medical device, contact an experienced Las Vegas Nevada personal injury lawyer immediately. You may be entitled to compensation.
Determining the Responsible Party
There are many reasons that medical devices may fail. There may have been a flaw in the overall design of the device, the manufacturing process may have had a mistake, or the doctor could have used or implanted the device incorrectly. The Food and Drug Administration (FDA) has issued strict warnings or recalls for the more dangerous defective medical products. Determining the responsible party is a very complicated aspect of personal injury lawsuits which is why it’s critical you work with a skilled Las Vegas Nevada personal injury lawyer. It could be:
- The maker of the medical device
- The doctor who used or prescribed the device
- The nurses or technicians who maintained the device
There are several different forms of compensation that may be sought in a defective medical device personal injury lawsuit. Generally, the injured party receives compensation for the injuries sustained due to the use of a medical device if the responsible party can be shown guilty of negligence. There are several considerations that are taken into review when determining the exact compensation an injured party should receive, such as the specific injuries, the circumstances surrounding the medical negligence, any relevant caps on how much an individual may recover, etc. A Las Vegas Nevada personal injury lawyer can explain more in detail but the different types of compensation include:
- Medical expenses – This may include the cost of the treatment that caused the injury, treatment of the injury, and any future treatment or medical expenses associated with the injury.
- Lost wages – When an individual is injured, he or she is unable to work. The responsible party may be held liable for any wages that are lost during the recovery of the injury the defective product caused. If the injury due to the defective product is so severe that it negatively impacts the individual’s future ability to work and collect wages, this may also be reflected in the compensation.
- Household services – An injured person may require additional hired help to maintain their home and to help them with their daily tasks. The wages for this household help may be covered in a lawsuit.
- Pain and suffering and emotional distress – Though not a visible injury, the pain, suffering, and emotional distress an individual undergoes due to an injury at the hands of someone so trusted as a medical doctor or company can do great damage. Not only should the responsible party be liable for bills, they should compensate the injured party for the unnecessary suffering they put him or her through.
- Loss of enjoyment of life – There may be long-lasting effects of the defective medical device that forever alters an individual’s ability to interact with his or her world and therefore decreases his or her enjoyment of life. One example is if a defective devices caused an individual to lose a sense, such as sight.
- Property damage – Not only can defective medical devices hurt individuals, they may also damage property. This should be compensated by the responsible party.
- Punitive damages – This is a sort of punishment fee for any bad behavior associated with the defective device. This can include fraud, oppression, or malicious intent.
The best way to increase the chances of receiving the compensation you are owed is to seek legal representation from a dedicated Las Vegas Nevada personal injury lawyer. Hospitals and medical device companies have a lot of money and spend as much as they can on the best of lawyers who will do their best to squash any attempt to hold them accountable for their mistakes. Be sure to seek the advice of an attorney who is experienced in the laws relating to defective medical devices and will fight on your behalf for the compensation you deserve.
Call a Las Vegas Nevada Personal Injury Lawyer If You’ve Been Injured From a Defective Medical Device
With over 15 years of experience providing exceptional legal service throughout Las Vegas, you can trust Harris & Harris Lawyers with your legal needs. We have extensive experience and resources handling product defect and personal injury cases. Give us a call at (702) 384-1414 to speak to a Las Vegas Nevada personal injury lawyer today. You can also fill out our online contact form here.