When you’ve endured a defective medical device injury, your fight for justice isn’t always about the money. While you can receive compensation for your damages, it may be as important for you to have the severity of those losses recognized by the public.
Enter Morelli Law Firm. Our Jersey City defective medical device attorneys aren’t afraid of the courtroom. If you want to take your fight for support before a judge, we can stand with you every step of the way. All the while, we can help you understand what rights New Jersey law entitles you to and how best you can clarify your interests.
When to File a Defective Medical Device Case
The FDA works to approve all the medical devices currently available in today’s medical facilities. As such, it’s assumed that the products that a hospital staff comes into contact with are safe to use. Unfortunately, this isn’t always the case.
That said, medical professionals still owe you a duty of care. You are not responsible for identifying any faults in the products used for your treatment or recovery – they are. If you’re struggling to identify whether or not you’ve endured a defective medical device injury, consider consulting with a medical professional.
Ideally, you’ll want to connect with a professional you’ve not worked with before. Unaffiliated parties can offer you an objective perspective on your condition. Our defective medical device attorneys in Jersey City can help you connect with the professionals who can aid your case.
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Who to Hold Liable in a Defective Medical Device Case
You can establish liability in a defective medical device case by assessing which parties came into contact with the device that you used. In most cases, these parties can include a:
- Hospital and its staff
You can break these institutions down into their various parts. For example, the advertising department may be uniquely responsible for your losses. Even so, you’ll eventually bring your case against an entire company, not a single person or department.
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How to Establish Defective Medical Device Liability
You can establish fault for your condition based on a perceived duty of care. All the companies who come into contact with the medical device you need have a duty to ensure that the product reaches you in as good of a condition as is reasonably possible. Institutions that fail to uphold that duty can be taken to court if you endure a device-related injury.
More specifically, you’ll need to gather evidence of a violated duty of care if you want to take a particular party to court. This evidence can include:
- Documentation regarding the device’s condition
- Third-party opinions on your health post-product use
- Previous product recalls
- Evaluations of the product’s design or advertising
You don’t have to gather this evidence on your own. Once you’ve determined who it is that you want to hold liable for your losses, you can ask a Jersey City defective medical device attorney to do this legwork for you. In turn, we can contact a private investigator and begin to bring your complaint together.
What Compensation to Request in Your Defective Medical Device Case
The severity of your injuries after a defective medical device incident is going to vary based on the kind of care it was that you initially needed. As such, the compensation you may have the right to request won’t always be straightforward. Matters may grow even more complicated if you have to consider the value of your non-economic damages versus your economic ones.
Even though the value of your losses will differ from that of previous defective medical device cases, you can still refer to precedent to get an idea of how much you may be owed. We can also calculate the dollar value of your economic and non-economic damages by referring to your bills and well-being post-treatment. These damages can include:
- Pain and suffering
- Emotional trauma
- Medical bills related to your losses
- The cost of upcoming medical treatments
- Pain management expenses
- Wrongful death and funeral costs, if applicable
If you have any questions about the damages we want to include in your complaint, don’t hesitate to ask for clarification. Our attorneys can fight for your maximum compensation. This means that we’ll calculate your personal injury settlement with all possible losses in mind.
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Comparing Settlement Offers Against Court-Won Compensation
Because you’re bringing your case against an established institution, the party liable for your losses may have a substantial legal team for you to contend with. While that team should never intimidate you, they may choose to reach out to you to avoid time in court. To do so, the team may make you a settlement offer.
It’s in your best interest to compare any settlement offer you receive against your own estimated compensation. A defective medical device lawyer in Jersey City can help you come up with this estimate and defend it throughout the negotiating process.
That said, there are some damages that negotiations won’t cover. For example, incidents involving substantial negligence or endangerment can see a judge award you punitive damages. You cannot request punitive damages in your complaint nor receive them through negotiations. With that in mind, it’s worth it to measure the severity of your case ahead of time.
Classify Your Defective Medical Device Case to Establish Your Statute of Limitations
Your defective medical device case can fall under a variety of different categorizations. As such, you won’t know what your statute of limitations is until you classify your suit. With that in mind, you’ll want to meet with an attorney as soon as you can after discovering your condition.
If you classify your case as a product liability case, you’ll bring your concerns before a manufacturer or similar corporation. In turn, N.J. Stat. § 2A:58C-2 leaves you with two years in which to gather evidence backing your claim.
On the other hand, you can hold a hospital and its staff liable for your losses. According to N.J. Stat. § 2A:14-2, New Jersey gives you two years to address these losses with medical malpractice claims. However, your deadline will begin either upon the day your injury occurs or on the day you discover your condition.
Note that you can charge pharmacies with neglect under either of these categories. To specify how you want to approach a case involving a pharmaceutical company, schedule your case evaluation with Morelli Law Firm.
Take Your Fight for Compensation to Court With Our Team
New Jersey is a state that looks out for its residents. There are laws in place that will allow you to pursue legal action against parties that may have caused an essential medical device of yours to malfunction. If you think you have such a case on your hands, you can begin pursuing legal action with help from a Jersey City defective medical device lawyer.
Morelli Law Firm can connect you with the professionals who can carry your case forward during a case evaluation. Contact us via phone or through our website to schedule your appointment.