A medical injury does more than upend your trust in your local medical institutions. Defective medical devices can also make it difficult for you to go to work or support your family. If you’ve suffered from a defective medical device injury, you may find that someone else’s negligence can upend your entire life.
That’s why a Long Beach, NY, defective medical device attorney wants to help you take action. Morelli Law Firm can help you find the party liable for your losses. We can then file a civil complaint against them. Whether you take your case to court or resolve your issues in negotiations, we can fight for the financial support you deserve.
Identifying a Defective Medical Device
It is not your responsibility to identify a defective medical device while requesting treatment. That said, there are signs of defects that you can look out for after the fact. For example, any announcements from the FDA recalling the device may entitle you to compensation.
Similarly, the energy you have on a daily basis can indicate a failure in treatment. If you’re not able to work, parent, or care for yourself like you used to, you may have a medical device injury. You can meet with a third-party medical professional to reassess your health. This check-up can determine whether or not a particular device may be to blame.
We can connect you with experts who can help you better understand your circumstances.
Classifying a Defective Medical Device Case
Technically speaking, all defective medical device cases qualify as personal injury suits. That said, the category of personal injuries is too broad to assign a cohesive statute of limitations to. Instead, New York requests that filers break their suits down further. Courts now classify personal injury cases based on the exact nature of the prosecution’s losses.
A defective medical device case may be either a product liability suit or a medical malpractice suit. You can assess the circumstances of your injury to determine which of these categories to present your losses under.
Product Liability Suits
If you file a defective medical device case as a product liability suit, you must abide by CVP § 2 14-C. This statute gives you three years to pursue legal action for your losses.
Your initial product liability complaint will also need to identify a liable party. This may be a manufacturer, pharmacy, or corporation.
These institutions can cause your product to fail at one of three phases. Your device may have been damaged during its:
A defective medical device attorney in Long Beach can help you determine which kind of failure may have resulted in your injury.
Medical Malpractice Suits
New York Civil Practice Law and Rules § 214-A gives you two and a half years to file a defective medical device case as a medical malpractice suit. These cases allow you to hold hospitals and other medical institutions liable for your injuries.
You can most effectively file a medical malpractice suit if you believe that a medical professional damaged or misused one of the devices you need to treat a health condition. This misuse can be intentional or the result of negligence – so long as you can provide evidence to back your claim, you may have a chance to argue your position before a judge.
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Calculating Your Defective Medical Device Settlement
When it comes time to address your defective medical device losses, you can assess both your economic and non-economic expenses. For example, your economic losses can include any damages that resulted in bills. Your initial medical treatment and any subsequent treatments can all make their way into your complaint.
Other economic damages you may request in your complaint can include lost opportunities for work or wages. We’ll work to ensure that you can support your family with the financial support your initial complaint requests.
Your non-economic damages aren’t always as easy to value. In many cases, you might initially overlook how these losses can play into your complaint. Any pain and suffering or mental anguish that you suffered does have economic value, though. During your initial case consultation, we can reference state precedent to assign these losses a dollar value.
Submitting Your Defective Medical Device Complaint
When you’ve collected all the information you need to pursue your suit, you can submit it – within the appropriate statute of limitations – to a county clerk in Long Beach. Once it reaches the clerk’s desk, court representatives will determine whether or not to bring the case forward.
If your case meets the court’s approval, you’ll have the right to issue a summons to your liable party. That party can respond, either agreeing to meet with you or contesting your assertion. Anyone open to negotiation may agree to come to a settlement offer with you and a Long Beach, NY, defective medical device lawyer.
That said, anyone who contests their liability will likely meet you in court. As your case moves forward, we’ll undergo discovery. This process lets us gather any additional evidence needed to back your claim. From there, your court hearing will begin, including opening statements, witness examination and cross-examination, and a verdict.
Defective Medical Device Fees and Your Insurance
Some insurance companies offer you protection from defective medical device injuries. You can file a claim with your provider to help cover your related losses.
That said, most insurance agencies are reluctant to give their members substantial financial support. Some may even attempt to deny your claim.
Fortunately, our attorneys don’t only address the liable party in your defective medical device case. If you’re being stonewalled by your insurance, we can communicate with representatives on your behalf. If the company rejects your claim without providing a valid reason, we may be able to include the company in your suit for financial support.
Our Attorneys Work for You
Defective medical device injuries leave you and your family to contend with substantial medical bills. If your injury makes it difficult for you to work, those bills can threaten your financial and mental well-being. That’s why our Long Beach’s defective medical device lawyers want to help you fight back against the parties that did you wrong.
If the time’s come for you to pursue a civil suit against a pharmaceutical company, manufacturer, or hospital, call on Morelli Law Firm. You can set a date for your case evaluation over the phone or through our online contact form.