Defective Medical Device Attorney
Justice for Those Affected by Defective Medical Products
What is a Defective Medical Device?
A defective medical device is one that fails to perform as intended, potentially causing serious harm to patients. Despite strict regulatory standards designed to ensure safety and efficacy, defects can still occur, leading to severe health complications. If you or a loved one has been affected by a defective medical device, you need a skilled defective medical device attorney to help you navigate the complexities of the legal process. Contact the Oliver Bell Group today to schedule your free consultation and let our expert team guide you through every step.
Prevalence of Defective Medical Devices
Between 2018 and 2022, there were 13,623 medical device recalls, highlighting the significant risk associated with these products. This alarming figure underscores the frequent occurrence of defects and the potential danger they pose to patients. Each recall represents a serious issue where the device failed to meet safety standards or caused harm. The high number of recalls reveals that even with regulatory oversight, patients remain at risk due to flaws in medical devices. At the Oliver Bell Group, we understand the gravity of these issues and are dedicated to helping those affected. Our goal is to hold manufacturers accountable and ensure that victims receive the compensation they deserve. If you or a loved one has been harmed, our defective medical device attorneys are here to provide the support and legal expertise you need.
Medical devices are classified based on the risk they pose:
Medical devices are classified based on the risk they pose:
- Class 1: Low to Moderate Risk
- Examples: Bandages, manual wheelchairs, and handheld surgical instruments.
- Regulatory Oversight: Subject to general controls to ensure safety.
- Class 2: Moderate to High Risk
- Examples: Infusion pumps, electric wheelchairs, and some diagnostic devices.
- Regulatory Oversight: Requires special controls, including performance standards and post-market surveillance.
- Class 3: High Risk
- Examples: Pacemakers, defibrillators, and implanted prosthetics.
- Regulatory Oversight: Must undergo rigorous testing and pre-market approval to ensure safety and effectiveness.
Common Types of Injuries from Defective Medical Devices
Defective medical devices can result in various serious injuries, including:
- Severe Infections: Resulting from device-related complications.
- Chronic Pain: Due to malfunctioning or poorly designed devices.
- Emergency Surgery: Required to repair or replace defective devices.
- Permanent Disability: Long-term health impacts from device failure.
- Wrongful Death: In severe cases where the defect leads to a fatal outcome
Types of Compensation Available
If you have suffered due to a defective medical device, you may be entitled to compensation, including:
- Economic Damages: Covering medical expenses, lost wages, rehabilitation costs, and other financial losses incurred due to the injury
- Non-Economic Damages: Compensating for pain and suffering, emotional distress, and loss of quality of life.
Liability and Accountability
- Manufacturer Liability: The primary responsibility for a defective medical device typically lies with the manufacturer, who is accountable for designing, producing, and marketing the device.
- FDA’s Role: The U.S. Food and Drug Administration (FDA) regulates medical devices and may issue warnings or recalls. However, the FDA does not provide compensation for damages. Their role is to prevent future harm, while legal action, led by a defective medical device attorney, is necessary for addressing past injuries.
How to Get Started
To initiate a legal claim for a defective medical device:
1. Initial Consultation: Contact Oliver Bell Group for a free consultation where we will review your case details and discuss your options.
2. What to Expect: We will explain the legal process, gather evidence, and outline the potential outcomes of your case.
3. Filing a Lawsuit: We will handle the preparation and filing of the lawsuit, engage medical experts, and manage all aspects of the litigation process.
Class Actions vs. Individual Lawsuits
Class actions and individual lawsuits are different ways to address claims related to defective medical devices. In a class action, multiple plaintiffs’ claims are consolidated into one case. Mass tort cases, however, allow each plaintiff to pursue individual claims with separate trials.
Defective Drugs vs. Defective Medical Devices vs. Medical Malpractice
- Defective Drugs: Involve claims related to harmful pharmaceuticals.
- Defective Medical Devices: Focus on the failure of medical devices, as described above.
- Medical Malpractice: Pertains to negligence by healthcare professionals rather than defective products.
The Unyielding Representation You Need
Choosing Oliver Bell Group to represent your medical product liability claim ensures that you have a seasoned advocate in a complex legal landscape. Despite our Michigan headquarters, we are heavily involved in litigation nationwide and take cases from across the country. Our experience in major product liability cases, including defective medical devices, sets us apart.
Why Choose Oliver Bell Group?
Our attorneys have a proven track record in product liability cases. We are dedicated to
representing clients across the country and ensuring that those affected by defective medical devices receive the compensation they are entitled to. Our expertise and commitment make us leaders in this field.
Contact Us
If you or a loved one has been injured by a defective medical device, contact Oliver Bell Group today for a free consultation. We are here to guide you through the legal process and help you obtain the justice and compensation you deserve.
FAQs
Who is liable for a defective medical device?
The primary responsibility lies with the manufacturer of the defective device. They are accountable for ensuring the safety and efficacy of their products
What happens when a medical device fails?
When a medical device fails, it can cause serious health issues, ranging from infections to the need for emergency surgery. Legal action may be necessary to address the harm caused and seek compensation.
Can I file a claim for a defective medical device if I haven’t been injured?
Typically, claims focus on the harm caused by the device. However, if a device has malfunctioned but you have not yet experienced physical harm, you may still pursue legal action for potential future harm.
What should I do if I think my medical device is defective?
Contact your healthcare provider to report the issue and seek medical advice. You should also consult with a defective medical device attorney to explore your legal options.
