Manufacturers and practitioners in today’s medical industry should strive to make your treatment as simple as possible. Unfortunately, this isn’t always the case. Manufacturers often work with their bottom line in mind. And hospital staff can make mistakes, especially when their systems are overloaded.
If you find yourself a victim of either of these forms of oversight, you may endure injury due to a defective medical device. You can combat this negligence with the help of a Long Island defective medical device attorney with Morelli Law Firm. We can present your case to a New York court and fight for your compensation.
How to Identify a Defective Medical Device Case
It’s not your responsibility to identify faulty medical devices while in a doctor’s office. Rather, if you notice that you’re not feeling well after a certain treatment, you can take corrective action. You can do the same if a tool used in your treatment is recalled.
For example, say that medical professionals recommend a mobility aid for you. After taking the prescription for a year, you begin to suffer from severe muscle pain and/or damage. In this case, you may have received a faulty medical device. What that in mind, the term “defective” covers medical devices that are:
- Inappropriately advertised
- Missing essential information
- Deformed or damaged during the design phase
- Deformed or damaged during the production phase
Medical devices that are inappropriately used can also be considered defective, even if they arrived in that party’s care in good condition. In turn, you can bring a defective medical device suit against a hospital if you believe a staff member’s negligence damaged a device essential to your care.
What to Expect From a Defective Medical Device Complaint
When you file a medical device suit, you have the right to choose how you want your legal proceedings to go. For example, you can opt to take your case straight to court if you want a judge’s input. Alternatively, you can work with an attorney to arrange out-of-court negotiations with an allegedly-liable party.
Trial cases tend to consider your initial request for compensation alongside your provided evidence. Attorneys on both sides of the case can bring forward witnesses, cross-examine professionals, and argue over the relationship between your injuries and the defendant’s liability. If the alleged negligence in your case proves substantial, you may receive punitive damages.
Negotiations, however, allow you to avoid the complexities of a trial. That said, neither of these processes is better than the other. You can discuss which might best work with your circumstances with a Long Island, NY, defective medical device attorney.
Long Island Defective Medical Device Lawyer Near Me 877-751-9800
Who to Hold Liable for a Defective Medical Device Injury
There are several different ways in which a medical device may fail. Devices that aren’t properly made or designed can be considered defective from their initial release. But who can you sue for a defective device design?
The party you hold liable for your losses will be different than it would be if the device was damaged in a hospital. You can hold a device’s manufacturer liable for your losses if the damage seems inherent to the product. Comparatively, you can hold a hospital and its staff liable for your losses if it appears a staff member inappropriately used or damaged your device.
Do note that the party you choose to hold liable for your losses will impact the amount of time in which you have to file your defective medical device complaint. CPLR § 214 gives you three years to file complaints against a manufacturer. On the other hand, CPLR § 214-A gives you two years and six months to file a complaint against a medical institution.
What Compensation to Ask for in Your Defective Medical Device Complaint
The financial support you request in a defective medical device case should cover the extent of your losses. It can go beyond your immediate losses, though. While your medical bills come with concentrated bills, you may suffer disability or pain and suffering that also entitles you to compensation.
Because it’s not always easy to assign a value to damages like pain and suffering, both you and one of our defective medical device attorneys in Long Island can turn to legal precedent throughout the state. In turn, you can add that estimated value to the cost wrung up through your bills. The final number you get can then serve as your case’s estimated compensation.
What to Ask of Your Defective Medical Device Attorney
When you bring your case to an attorney’s attention, you may not be sure what kind of expectations the office has of you. In most cases, however, your involvement in a case can be as substantial as you’d like. In many cases, you can ask your attorney to help you find evidence supporting your liability claim. These parties can also:
- Support your claims of correlation between your injuries and the allegedly-liable party
- Communicate with the allegedly liable party and their representation
- Arrange negotiations as appropriate
- Calculate your estimated compensation and negotiate for maximum coverage
- Help you make it to court dates on time
In short, you can lean on our team to guide you through the legal process. This way, you can attend physical therapy appointments and otherwise focus on recovering from your condition without adding additional stress to your plate.
File a Defective Medical Device Case With Morelli Law Firm
The medical care you receive should improve your quality of life. When manufacturers cut corners, or a hospital staff makes mistakes, you may suffer for their negligence. Fortunately, you can take action alongside the team with Morelli Law Firm. Our Long Island defective medical device attorneys can take your losses to court.
If you want to learn more about the compensation to which you may be entitled, call or contact our office online. You can schedule a case evaluation as soon as you’re ready to take action.