Medical devices help countless people improve the quality of their lives. However, when these devices are defective, patients can suffer severe consequences. If you have experienced complications due to a defective or malfunctioning medical device in Chesterfield, MO, it is crucial to consult with a Chesterfield defective medical device lawyer.
A qualified attorney from Morelli Law can guide you through the process of filing a claim and help you seek the compensation you deserve. Our personal injury lawyer in Chesterfield, who handles these cases, is here to help you hold the responsible parties accountable.
Contact us today for a free, no-obligation consultation.
Spotting a Potentially Defective Medical Device
It is not a patient’s responsibility to choose their own defective medical devices when seeking treatment. However, there are signs to watch for after the fact that may indicate a flawed device. For example, any FDA announcement recalling the particular device used in your treatment could entitle you to compensation.
Likewise, a noticeable decline in your daily energy levels or ability to work, parent, or care for yourself may signal a device failure. Consulting with an independent medical expert to reevaluate your health status can help determine if your problems may be linked to a specific device.
Our legal team at Morelli Law can look into available class actions and connect you with specialists who can let you know whether a defective device could be to blame. This helps build a strong case if you choose to pursue a claim.
Have You Been Injured In An Accident? Contact Morelli Law877-751-9800
Pursuing Compensation in a Chesterfield Defective Medical Device Case
Settlements and verdicts in Missouri defective device cases aim to compensate patients for the physical, financial, and mental harm they endured. The trauma may have long-lasting impacts, and recovering damages allows victims to get their lives back on track.
Depending on the legal path you take and the specifics of your case, you may be entitled to financial compensation for the following:
- Medical expenses
- Lost wages (past, present, and future)
- Pain and suffering
- Rehabilitative care
- Temporary or permanent disability
Compensation may also cover the cost of the defective medical device and any replacement device. You have five years from the time you become aware of the damage a defective medical device has caused to file a lawsuit based on Missouri’s statute of limitations.
Grounds for Filing a Personal Injury Claim in Missouri
A Missouri personal injury case centers on establishing negligence. This process is where your attorney tries to prove another party is liable for the harm you suffered.
To prove this, these core elements of a negligence claim must be shown:
- Duty of care: Evidence must show that the defendant had a duty to act reasonably to ensure the safety of others. For example, all medical devices should undergo rigorous testing.
- Breach of duty: Your lawyer must illustrate that the defendant failed to satisfy their duty. For example, a product manufacturer breached their obligation to test a new product sufficiently, and their actions jeopardized others.
- Causation: Through their negligent conduct, the defendant directly inflicted the injury or damage. For example, you suffered medical complications and needed another surgery as a result.
- Damages: The defendant’s actions or negligence directly resulted in your injuries, economic impacts, and other quantifiable harms. For instance, the faulty device led to medical treatment costs for your complications.
Proving negligence and obtaining a fair settlement in a defective medical device case can be challenging without professional legal representation. Please consult with one of our attorneys before pursuing compensation through an insurance company or the court system.
Identifying the Liable Party in a Defective Medical Device Case
In the case of a defective device, any participant in the supply chain that brought the product to market may hold liability for the harm you suffered.
Parties that could be named in a faulty medical device suit include the following:
- The manufacturer that designed the device
- The company that produced the device or a faulty component
- The entity that marketed and sold the final product
- Any importer that brought the device into the U.S. market
- The surgeon who implanted the device
- The hospital or facility where the surgery occurred
In Missouri defective product lawsuits, plaintiffs can file an injury claim based on a legal concept termed strict liability. With strict liability, victims simply need to show that an entity has a statutory duty to ensure their safety.
We understand that these legal nuances and terminologies can be confusing. So, let our defective medical device lawyer in Chesterfield handle these details while you focus on healing and recovering.
Contact Our Chesterfield Defective Medical Device Law Firm
The effects of a defective medical device can upend your life physically, emotionally, and financially. You deserve answers and options. Morelli Law provides free, no-obligation consultations to people harmed by flawed devices in Chesterfield, MO, and elsewhere.
A member of our compassionate legal team will evaluate your situation, explain your rights, and discuss whether you have grounds for a personal injury claim. We are here to guide you through this challenging time and help you recover a fair settlement or court award.
Contact our office today or fill out the form to schedule a free case review.