Defective Medical Devices
There are many ways in which technology has improved medicine and enabled physicians to treat more ailments than before. Some of these technological improvements involve medical devices like robotic surgery assistants that help doctors work with greater precision and exactness. In some unfortunate instances, however, these devices malfunction and cause severe and sometimes permanent injuries to the patient. Knowledgeable product liability lawyer Patrick E. Knie has represented individuals from Spartanburg as well as Greenville and the surrounding communities in trying to hold a manufacturer accountable for their harm.Establishing the Liability of a Manufacturer for a Defective Device
The U.S. Food and Drug Administration (FDA) regulates the approval and use of most medical devices. Despite this, there are many instances in which a defective medical device escapes the FDA’s scrutiny, or in which the dangerous or defective aspect is not discovered until after the device has been approved. If a medical device manufacturer fails to appropriately design and produce medical equipment, it can potentially be liable to an injured person under a theory of strict liability.
Unlike a negligence case, in which the plaintiff would have to demonstrate that the defendant acted carelessly, defective products cases hold the defendant to a higher standard called strict liability. Under this theory of recovery, the plaintiff must show either that the defendant designed the device in an unreasonably unsafe manner or that the specific device that caused the plaintiff’s injury suffered from a manufacturing defect that occurred during the manufacturing process. The latter form of defect can typically be demonstrated by showing that the device was not produced according to the intended design and that it differed from other models of the same device.
After showing that the device was designed or manufactured in an unreasonably unsafe manner, the plaintiff must show that the dangerous design or manufacturing defect was the cause of his or her injuries. Finally, the plaintiff must provide evidence supporting the damages he or she is seeking in the lawsuit, possibly including medical bills, plastic surgery expenses, physical therapy costs, medications, and pay stubs showing the wages that he or she would have earned if the accident had not occurred. Pain and suffering, as well as other non-economic damages, may be appropriate as well.
An accident victim bringing a claim against a manufacturer of a faulty medical device should be aware that there is a certain period within which the case must be filed. Complying with this statute of limitations is critically important to preserving the right to having the claim heard.Discuss Your Injury Claim With a Lawyer in Spartanburg or Greenville
The victims of a defective medical device may be able to assert the right to compensation. Injury attorney Patrick E. Knie has helped people in Spartanburg and beyond explore their options. Our diligent team also can assist residents of Greenville and other communities throughout Union, Laurens, Greenville, and Cherokee Counties. We can fight for your rights at every step of the way while providing you and your family with compassionate and personal legal counsel. Call us at (864) 582-5118 or contact us online to set up a free initial consultation.