Defective Medical Device Attorneys in Jacksonville
Serving Jacksonville, Jacksonville Beach, and clients throughout Florida
Medical devices are used by thousands of Americans. They are supposed to be life-saving but, sometimes those very devices can result in injuries or deaths. If you or a loved one has suffered from an injury because of a defective medical device, then you may have a valid product liability claim.
Medical devices are any type of device used to help treat illnesses, injuries, disabilities, malfunctions or diseases. These can include:
- Contraception devices
The Types of Claims Involving Defective Medical Devices
Defective medical device claims can be approached in three different ways. Claims for product liability regarding medical devices are based on one of the following:
- Defective manufacturing
- Defective design – although manufactured properly
- Defective marketing – marketed inappropriately
When a device is improperly manufactured or sold while damaged, the manufacturing facility is often held liable for the issue. Defective manufacturing with medical devices can happen in a variety of ways, including:
- Errors at the facility
- Shipping issues
- Errors at the hospital or clinic
Sometimes a product is manufactured correctly, but the overall design is dangerous. This can occur in products that have been on the market for several years or new products that just hit the market. If the manufacturer knew the medical device had defects or was flawed, then they can be considered negligent.
The warnings provided or the instructions for use on a recommended product can lead to serious medical errors. If the bad advice came from the manufacturer, doctor, hospital or even the sales rep, then one of those parties may be held liable.
Who to Sue for Defective Medical Devices
In these types of product liability claims, it is imperative that you list all potential defendants. This can include all parties associated with the chain of distribution, which means the path your defective device took to get to you.
Some of the parties you may list in your lawsuit include, but are not limited to:
- The manufacturer. Because they are responsible for ensuring they have a safe product, they are often the most common defendant listed in these claims.
- Testing laboratories. These independent companies are responsible for testing and making sure the device is safe; therefore, if there is a defect, then they could be held liable.
- Sales representative. If a medical device sales rep did not clearly communicate or market the device, then the agent and the company that trained them could be liable.
- Physician. If the physician recommended the device and did not discuss the risks or known issues, then he or she may be listed as well.
- Hospital or clinic. If the device was given by a hospital or clinic, then they are part of the chain of distribution.
Proving a Defective Medical Device Claim
These types of claims require the assistance of an attorney. Because you not only have to determine who is liable for your injuries as well as prove that they are liable, an attorney is your best bet for the highest possible settlement – or even a successful claim.
To prove your lawsuit you will need to:
- Prove that you were injured
- Prove the device was defective in design, manufacturing or marketing
- Prove that the defective device caused your injuries
Class Action Considerations
Often, defective medical device claims turn into class-action lawsuits. If you have a defective device case, then it may be worth investigating to see if there is already an active class action lawsuit. Your attorney can also look into any pending suits and help you join that lawsuit.
Injured by a Defective Device? Contact an Attorney Today!
If you or a loved one was injured because of a defective medical device, contact the Jacksonville defective medical device lawyers at Hardesty, Tyde & Ashton, P.A. We are here to hold manufacturers and others in the chain of distribution accountable for supplying dangerous devices. We aggressively protect your right to compensation and we are here to support you through the process.
Call now to schedule your free consultation in one of our convenient Jacksonville law offices.
What constitutes a personal injury?
The most common personal injury is an auto accident, but the broad definition encompasses any situation where a person suffers harm due to the negligence of another person or entity. Early identification of a personal injury is important to the legal process. Many serious injuries occur each year involving:
– Auto accidents
– Premises liability accidents such as injuries caused by a slip and fall
– Medical malpractice/nursing home injuries
– Wrongful death
– Work-related accidents
– Animal attacks
– Faulty or malfunctioning products (product liability)