How to Determine Whether a Medical Device Case Should Be Filed?

February 17, 2021
How to Determine Whether a Medical Device Case Should Be Filed?

You may be thinking to sue the manufacturer when you incurred a significant injury from a defective medical device. This is a very crucial decision, but it is one in which you may require some extra details and assistance from a professional attorney to answer.


How would you know if you’ve got a case that is valid?


You will need to contact your defective medical device lawyer to address these questions thoroughly. This is where they have decades of work expertise finding justice for other injured clients. From a legal and financial viewpoint, they will examine the facts of your case and determine whether it is worth pursuing. Your counsel will ensure that you are within the statute of limitations and that you have ample proof to support your case and will equate your case with other equivalent cases to estimate how much money you will be entitled to recover. A competent product liability lawyer will examine the case from the viewpoint of the claimant and discuss potential counterclaims that may arise.


What do I need to prove to win a product liability case?


A defective medical device case is really a claim for product liability. You must be able to prove the following elements to prevail:


  • You have suffered an injury.
  • The device you used was defective (either in the design, manufacture, or marketing)
  • Your injuries were caused by the defect of the product;
  • At the time of your accident, you were using the product as planned.


Who could be responsible for the injury?


In defective product cases, you may start with the manufacturer of the defective medical device that caused your injury, but you would also be able to hold any person along the so-called chain of commerce responsible for your injury, including manufacturers, distributors, wholesalers, and retailers who have been involved in the production, creation, and selling of the defective product.


What are the possible consequences of a product liability lawsuit?


A trial will take a lot of time and effort, and a lot of it will be dull, time-consuming, and stressful. You will undoubtedly see less than favorable facets of human nature on show during the trial, and if the jury does not rule in your favor after all the planning, training, time, and energy expended you will end up more unhappier than when you started.


You might, however, win your case as well. With a product liability lawyer who has made a convincing case with solid facts and arguments, you might win and feel vindicated for taking the time and effort to take the case to trial.


If you or your loved ones suffered an injury due to a defective medical device, then contact a Defective Medical Device Attorney in New Haven, CT


All people are equal before the law. A good attorney.