Morelli Law

Your SUPER-powered WP Engine Site

Morelli Law Logo
  • About
    • Scholarships
    • Results
    • Testimonials
  • Our Attorneys
  • Huntington Practice Areas
    • Bicycle Accidents
    • Car Accidents
    • Construction Accidents
    • Medical Malpractice
    • Motorcycle Accidents
    • Pedestrian Accidents
    • Truck Accidents
    • Wrongful Death
  • Areas We Serve
    • New York Personal Injury Lawyer
    • Albany NY Personal Injury Lawyer
    • Buffalo NY Personal Injury Lawyer
    • Hempstead NY Personal Injury Lawyer
    • Huntington NY Personal Injury Lawyer
    • Long Beach NY Personal Injury Lawyer
    • Long Island NY Personal Injury Lawyer
    • Mt. Vernon NY Personal Injury Lawyer
    • White Plains NY Personal Injury Lawyer
    • New Rochelle NY Personal Injury Lawyer
    • View All Areas
  • RESOURCES
    • FAQs
    • Legal Blog
    • Press
    • Broadcast

877-751-9800

Request Case Evaluation

x
  • Morelli Law Logo
  • Request Case Evaluation
  • About
    • Scholarships
    • Results
    • Testimonials
  • Our Attorneys
  • Huntington Practice Areas
    • Bicycle Accidents
    • Car Accidents
    • Construction Accidents
    • Medical Malpractice
    • Motorcycle Accidents
    • Pedestrian Accidents
    • Truck Accidents
    • Wrongful Death
  • Areas We Serve
    • New York Personal Injury Lawyer
    • Albany NY Personal Injury Lawyer
    • Buffalo NY Personal Injury Lawyer
    • Hempstead NY Personal Injury Lawyer
    • Huntington NY Personal Injury Lawyer
    • Long Beach NY Personal Injury Lawyer
    • Long Island NY Personal Injury Lawyer
    • Mt. Vernon NY Personal Injury Lawyer
    • White Plains NY Personal Injury Lawyer
    • New Rochelle NY Personal Injury Lawyer
    • View All Areas
  • RESOURCES
    • FAQs
    • Legal Blog
    • Press
    • Broadcast

Huntington Defective Medical Device Lawyer

Home » Areas We Serve » Huntington Personal Injury Lawyer » Defective Medical Device

patient consults with doctor

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.

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.

Huntington Defective Medical Device Lawyer Near Me 877-751-9800

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.

    HOW CAN WE HELP?

    TELL US A LITTLE ABOUT YOUR CASE

    Huntington
    Personal Injury Practice Areas

    • Bicycle Accidents
    • Brain Damage
    • Bus Accidents
    • Car Accidents
    • Child Injury
    • Class Action
    • Commercial Litigations
    • Construction Accidents
    • Defective Drugs
    • Employment Discrimination
    • Medical Malpractice
    • Motorcycle Accidents
    • Nursing Home Abuse
    • Pedestrian Accidents
    • Railroad Accidents
    • Rideshare Accidents
    • Sexual Harassment
    • Spinal Cord Injury
    • Truck Accidents
    • Walmart Truck Accidents
    • Wrongful Death

    Additional Locations

    • Passaic Defective Medical Device Lawyer
    • Long Island Defective Medical Device Lawyer
    • Union City Defective Medical Device Lawyer
    • Jersey City Defective Medical Device Lawyer
    • Buffalo Defective Medical Device Lawyer
    • White Plains Defective Medical Device Lawyer
    • Clifton Defective Medical Device Lawyer
    • New Rochelle Defective Medical Device Lawyer
    • Paterson Defective Medical Device Lawyer
    • Albany Defective Medical Device Lawyer

    Find An Injury Lawyer Near You

    • New York Personal Injury Lawyer
    • Wayne Personal Injury Lawyer
    • Jersey City Personal Injury Lawyer
    • Mt. Vernon Personal Injury Lawyer
    • Passaic Personal Injury Lawyer
    • Chicago Personal Injury Lawyer
    • St. Peters Personal Injury Lawyer
    • O’Fallon Personal Injury Lawyer
    • Clifton Personal Injury Lawyer
    • Edwardsville Personal Injury Lawyer
    • North Bergen Personal Injury Lawyer
    • Hempstead Personal Injury Lawyer
    • Mount Vernon Personal Injury Lawyer
    • Englewood Personal Injury Lawyer
    • Marion Personal Injury Lawyer
    • Newark Personal Injury Lawyer
    • Philadelphia Personal Injury Lawyer
    • Belleville Personal Injury Lawyer
    • Carbondale Personal Injury Lawyer
    • New Rochelle Personal Injury Lawyer
    • Buffalo Personal Injury Lawyer
    • Long Beach Personal Injury Lawyer
    • Albany Personal Injury Lawyer
    • Union City Personal Injury Lawyer
    • St. Charles Personal Injury Lawyer
    • White Plains Personal Injury Lawyer
    • Cape Girardeau Personal Injury Lawyer
    • Long Island Personal Injury Lawyer
    • Paterson Personal Injury Lawyer
    • Chesterfield Personal Injury Lawyer
    • Huntington Personal Injury Lawyer
    • Yonkers Personal Injury Lawyer
    • St. Louis Personal Injury Lawyer

    Request A Case Evaluation

      To Top
      Morelli Law Firm Call For Your Free Consultation

      877-751-9800

      Office Location

      777 3rd Ave 31st Floor,
      New York, NY 10017

      GET DIRECTIONS

      Navigation

      • Home
      • About
      • Attorneys
      • Areas We Serve
      • Practice Areas
      • Results
      • Testimonials
      • FAQs
      • News
      • Blog
      • Videos

      Practice Areas

      • Car Accident Lawyer
      • Truck Accident Lawyer
      • Construction Accident Lawyer
      • Wrongful Death Lawyer
      • Medical Malpractice Lawyer
      • Nursing Home Abuse Lawyer
      • Employment Discrimination Lawyer
      • Commercial Litigation Lawyer
      • Defective Drugs Lawyer
      • Sexual Harassment Lawyer
      • All Practice Areas

      Latest FAQ

      • Does a Police Report Automatically Go To Insurance?
      • What Are the No-Zones of a Truck?
      • What to Do When You’re Hit While Driving Someone Else’s Car

      Latest News

      • Fighting for Your Rights: What to Expect from a New York Personal Injury Lawyer
      • Benedict Morelli Interviewed at Trial Lawyers University Conference
      • Brain Injury Association of New York Journey of Hope Gala
      Terms & Conditions Privacy Policy Site Map
      © 2023 Morelli Law, All rights reserved.