The manufacturers who make today’s essential medical devices are part of a booming economy. Not only do these businesses want to meet their income goals, but they also want to exceed them. In their rush to pursue more revenue, some manufacturers can overlook glaring flaws in their production line.
This greed can leave you or your loved ones in a bind. If a medical professional uses a defective medical device during your treatment, your health and finances could both be compromised. The Huntington, NY, defective medical device attorneys at Morelli Law Firm can help you right these wrongs.
The Different Kinds of Defective Medical Device Cases
The statute of limitations that applies to your case varies depending on what kind of defective medical device case you have on your hands. These cases already fall under the category of personal injury suits. However, the party liable for your losses can actually determine how long you have to file your claim.
Product Liability Cases
You can claim that your injuries stemmed from a product liability case if it appears that medical device:
- Wasn’t properly designed
- Suffered from inappropriate, inaccurate, or missing label information
- Endured a mechanical failure while in the middle of production
These cases place the responsibility for your losses onto that product’s manufacturer.
Medical Malpractice Cases
Medical professionals often need to use specialized equipment and devices to tend to their patients’ needs. Even if these devices arrive in perfect condition, professionals may be exhausted or overworked.
Mistakes can still be considered negligence. When you suffer injury from a medical device that a nurse or doctor damaged, the difference between medical malpractice and medical negligence is thin. In turn, a defective medical device lawyer in Huntington can hold the party active in your care liable for their oversight.
Similarly, any medical professional accused of deliberately misusing or damaging a medical product may face civil charges. If you believe a medical professional contributed to your losses, you can hold that professional’s institution liable for your economic and non-economic damages.
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New York’s Statute of Limitations on Defective Medical Device Cases
If you believe a manufacturer made a faulty medical product, you can file your suit as a product liability case. CPLR § 214 gives you three years from the day your injury takes place to file a claim.
If you think negligence or reckless surgical practices are to blame, you can refer to CPLR § 214-A. This statute gives you two years and six months to file your claim. Your deadline starts either on the day the malpractice occurs or on the day treatment for your condition stops.
Drafting a Defective Medical Device Complaint
You do not have to go to trial to receive compensation for defective medical device damages. It’s much harder to pursue financial support for these losses without filing a complaint, though. Complaints, as legal documents, give you the support you need to issue a summons to the party allegedly liable for your injury. From there, you can either negotiate or go to court.
To draft your complaint, you need to establish:
- Who the party you want to hold liable for your losses is
- What responsibility that party had to manage your well-being
- How that party failed to uphold your well-being
- What kind of losses you endured due to that failure
You don’t have to do this legwork on your own. Instead, you can communicate your losses to an attorney. Our team can collaborate with private investigators to find evidence that backs your claim. In the meantime, you can focus on recovering from your injuries.
Duty of Care and Defective Medical Device Liability
Before you can file a complaint, you need to prove either negligence or recklessness on that liable party’s part. You can do this courtesy of the concept, “duty of care.”
Both manufacturers and medical professionals owe you a duty of care when you trust them with your health. This means that parties on both sides must act reasonably to protect you from harm. For manufacturers, this means listing all the side effects of a product on its packaging and testing its products in advance.
Similarly, medical professionals must make a reasonable effort to diagnose your condition and treat you with the appropriate devices. Failure on either party’s part can constitute a breach of duty of care. A Huntington, NY, defective medical device attorney can use evidence from your treatment to prove that breach.
Negotiations, Settlements, and Defective Medical Device Compensation
When you file your defective medical device complaint, you’ll have the opportunity to request compensation. Both you and an attorney can base your estimated compensation off of your existing bills and precedent set by other defective medical device cases.
If a county clerk carries your case forward, you’ll then have the option to either negotiate for your desired compensation or to present evidence of liability in court. Negotiations tend to result in settlement offers, where the liable party extends financial support without either of you having to go to court.
Settlement offers are convenient, but they’re not always comprehensive. You can argue for additional coverage with the help of an attorney. If negotiations fall through, you can then move your case to trial. There, a judge and jury will determine how much compensation your defective medical device claim may be worth.
Call Morelli Law Firm Today to Schedule Your Defective Medical Device Case Consultation
Neither you nor your loved ones have to live with your defective medical device losses. Instead, bring your case to the Morelli Law Firm. Our defective medical device lawyers in Huntington, NY, will help you explore your legal options and can represent you in court.
For more information about the defective medical device compensation to which you may be entitled, call our office or contact us online to schedule your case evaluation.