The use of technology in medicine offers solutions for a variety of medical needs, but it doesn’t come without risks. You never plan on a device that’s supposed to help you causing you harm, but, unfortunately, it happens every day: The FDA receives over 2 million reports each year of medical devices that have malfunctioned, caused death, or severe injuries.
Defective products are a very real and very serious issue, and anyone who suffers from a defective product deserves compensation and help. If you or someone you care about has been subject to a faulty medical device or product, this post will help you understand how to get that restitution, from gathering evidence to hiring a trustworthy personal injury law firm.
What Is a Defective Product Lawsuit?
Imagine going through the grueling process and recovery of a hip replacement, only to have the implant wear out sooner than it should have, leading to a corrective surgery.
Or think about your family member’s pacemaker malfunctioning, leaving them with pain, swelling, weakness, and possibly causing a heart attack.
Situations like these are considered defective product incidents, and they often lead to lawsuits and recalls. There are several kinds of defects that could cause a product to malfunction. Here’s a quick summary of the most common:
- Design defects are when a product is designed poorly, meaning it would be dangerous whether or not it was manufactured correctly.
- Manufacturing defects refer to issues that occur during the manufacturing of the product, making that specific, individual product harmful.
- Marketing defects mean that proper warnings and instructions weren’t included with the product, leading to an incident.
How Do I Know if I Have a Valid Case?
Defective products and devices can have devastating consequences, and it’s natural to want justice and compensation. There are, however, a few details that can determine whether or not you have a valid case.
- There must be strong proof of the existence of the defect, and you must be able to identify the specific product that is defective (e.g., provide a serial number).
- You must prove that you suffered actual damages (which can include medical expenses, lost wages, and pain and suffering) when using the product in the way it was intended, and it must be indisputable that the product is what caused the damages.
- Certain legal conditions must be met, such as the statute of limitations. It’s always best to consult a personal injury law firm for more details about the necessary conditions in your state and with your specific case.
Preparing the Case
If you feel that your situation meets the criteria above, it’s likely that you’ll be able to take legal action. These tips will help you work with your personal injury law firm to build a strong case and increase your chances of success.
Leave Product As-is
This first step is to preserve the product in its defective form. Don’t throw it away or try to return it to the hospital yet. Also, do not try to fix the product yourself—proving issues with a device originated with the manufacturer is difficult when there’s evidence that the consumer altered the product, so leave it as-is to avoid complications.
Gather Evidence
A key aspect of any case is evidence. Document and save anything and everything you can that relates to the defective product. This includes pictures of the product and your injuries, receipts, the product itself, any instructions you received with the product, the original packaging of the device, manufacturing documents, etc.
If there’s even a small chance it could play a part in the case, save or photograph it. An experienced personal injury law firm can help you determine what kinds of evidence you need and how you can collect it.
Obtain Necessary Medical Records
Your medical records are a vital part of the evidence, as they provide documented proof of the injuries caused by the defective product. Obtain comprehensive records from all healthcare providers who treated you, including details of diagnoses, treatments, and any recommendations for future care to support your claim and help determine your compensation.
Research the Product
Understanding the history of a product, including any prior defects, recalls, or customer complaints can significantly strengthen your case. Do a little investigation, looking at consumer reports, online reviews, new articles, etc.
Teaming up with an experienced personal injury law firm for this step is especially beneficial because they know what to look for and have access to witnesses, consultants, and various other resources.
Contact Product Supplier
Inform the product supplier that you’ve received a defective product and present your evidence as necessary. You may be able to reach an agreement or settlement with them, but be sure to make it clear you plan to pursue legal action. It’s a good idea to include your lawyer in this conversation.
Get Help from a Personal Injury Law Firm
Without extensive experience in the legal industry, navigating a defective product case is challenging—knowing what evidence to obtain, how to fill out the proper paperwork, etc., are complex tasks. The best way to make sure your case is successful is to work with a reputable personal injury law firm that has experience, resources, and dedication to your case.
Make an Air-Tight Case with PMHP
PMHP has a long-held tradition of winning full and fair compensation for those who have suffered injuries from defective products. Our resources include expert witnesses, and we work hard to build a strong case. Most importantly, we give personal attention and care to each one of our clients—because that’s what you deserve.
If you or a loved one has been harmed or suffered any sort of damage due to a defective product, you need compensation and proper representation from a personal injury law firm. Our goal at PMHP is to make sure you get just that. Fill out our form for a free consultation and get started on your road to recovery.