Medical Device Injury
Medical devices are used to diagnose, mitigate or treat a range of conditions. They may regulate a heartbeat, replace a malfunctioning limb, or prevent a pregnancy. Often surgically implanted within the body, these devices are literally a part of us. Should a medical device ever fail, the consequences
could be profound and life altering.
Common medical devices include pacemakers, defibrillators, heart stents or shunts, IUDs, orthopedic pins, replacement joints, artificial hips, prosthetic devices, intraocular lenses, hearing aids, and silicone implants. The Food and Drug Administration (FDA) regulates the safety and effectiveness of such devices, but that doesn’t prevent complications. Medical device problems contribute to about 3,000 deaths annually in the U.S., according to a 2015 Brookings Institution study. Defects in devices or improper handing also have resulted in injuries, some debilitating.
An injury or death caused by a medical device potentially falls within two areas of the law:
- Product liability, when there is a defect in the way the product was designed, manufactured or marketed.
- Medical malpractice, when there is evidence of human error, such as the device being improperly or negligently handled or managed by a medical team.
Sometimes, newer technology in these devices result in lawsuits due to the fact that doctors haven’t been adequately trained with the device or unexpected results occur with the product over time.
While every lawsuit must be filed within a certain time frame, sometimes the statute of limitations will apply in the time period after the patient discovered the error (as opposed to when the device was actually installed). Exactly when your statute of limitations will run out, or whether a lawsuit is be barred because of timing, can vary depending on the circumstances of your case. That is why it is important to discuss the details and your unique situation as soon as possible with an top medical device injury attorney in Philadelphia who can help you determine your legal options.
The Duffy Firm brings years of proven experience in handling medical device cases with a host of benefits for you:
- The ability to determine the product liability and medical malpractice implications to position your case for the largest compensation possible.
- A panel of physicians, nurses and other healthcare experts who know how to interpret medical documentation and help us build a strong case for you.
- Experts who can establish who is responsible.
- An extensive case development process where we take the time to analyze, document and persuasively illustrate your personal situation.
- The ability to obtain compensation for damages, including present and future medical expenses, lost wages, and pain and suffering.
- The confidence in knowing that if we represent you, it is because we believe we can win. We are very selective in accepting cases, and we work on a contingency fee basis. This means if we are not successful, we receive no payment at all.
We are here to listen, to evaluate your case, and to fight for the recovery you deserve.