Do you need help challenging a pharmacy or hospital in a defective medical device case? Let Morelli Law Firm help. Our New Rochelle defective medical device lawyers know how devastating these accidents can be in your everyday lives. That’s why we fight to help you get the financial support you deserve.
When it comes to filing for that compensation, though, where do you begin? We’ll help you draft a defective medical device claim and stand by you through settlement negotiations. Failing that, we will protect your rights and take your case to court.
Defective Medical Device Claims As Personal Injury Lawsuits
Because defective medical devices can do physical harm, the state of New York broadly classifies these cases as personal injury lawsuits. This means that anyone who wants to pursue compensation for their injuries will need to calculate the personal injury settlement to which they may be entitled.
That said, there are some distinctions in the world of personal injury cases. Because this category of suits is so broad, New York courts have established different deadlines for the different kinds of personal injuries you or your loved ones might face. With that in mind, you’ll need to determine where on the spectrum your case falls before you proceed.
Classifying a Product Liability Claim
You can most often classify a defective medical device case under product liability statutes. In these cases, you’ll need to prove that the device meant to improve your health suffered a defect during its design, production, or marketing.
Our defective medical device lawyers in New Rochelle can look into the creation of the device in question. We’ll assess its overall quality and any approval process that it may have undergone prior to its release. Similarly, we’ll check with the FDA to ensure that both the product itself and its marketing were appropriately examined prior to the product’s use in healthcare facilities.
We can then submit the evidence we find alongside a third-party assessment of your injuries. By drawing an initial correlation between your losses and the make of the product, we make it easier for you to take a manufacturer to court.
Classifying a Medical Malpractice Claim
Manufacturers aren’t the only ones who come into direct contact with the products you need for your treatment, though. If a professional doesn’t know how to use the product you need, or if the product doesn’t receive the care it needs prior to your treatment, you may receive the product when it’s no longer safe to use.
If this is the case, you have the right to pursue legal action against the hospital or similar facility that enabled your injuries. You cannot charge an individual for your losses but rather may have to contend with the legal team of the institution that person works for. Fortunately, we’re here to make that process less intimidating.
Have You Been Injured In An Accident? Contact Morelli Law877-751-9800
Information You Need to File a Defective Medical Device Claim
Your work isn’t done after you’ve classified your lawsuit. You’ll need additional information on hand if you want a county clerk to consider your complaint. A successful complaint should establish:
- The duty of care owed to you at the time of your injury
- Evidence of that duty’s violation
- An estimate of your overall losses and compensation
- The statute of limitations that applies to your case
Your statute of limitations is particularly important to consider. New York’s statutes represent the deadlines by which you need to submit your complaints. For example, the statute of limitations for medical malpractice suits, New York Civil Practice Law and Rules § 214-A, gives you two years and six months to pursue legal action based on your losses.
Comparatively, CVP § 2 14-C allows you three years to file a product liability complaint. You can consult with an attorney to determine how these and other essential pieces of information might change the way you approach your case.
Your Eligible Defective Medical Device Compensation
Sometimes, your defective medical device bills can be more pressing than the injuries you endured. Fortunately, a New Rochelle defective medical device attorney can help you pursue the compensation you need to pay those bills. When you file a defective medical device suit through Morelli Law Firm, you can request financial support based on your:
- Initial treatment
- Additional treatments needed to undo the injuries you endured
- Pain management
- Physical therapy
- Pain and suffering
- Mental and/or emotional distress
Want to know how your personal injury settlement is calculated? Whether you’re approaching negotiations or a trial, we’ll work through New York precedent (and your bills) to find the dollar value of your estimated compensation.
The Legal Support You Can Expect From a Defective Medical Device Claim
Every plaintiff approaches a defective medical device case differently. Where one person may want to seek the judgment of a jury, someone else may prefer to negotiate for a settlement outside of court. No matter what approach you want to take to your case, our attorneys know how to better help you achieve your goals.
Our services expand beyond representation in court or throughout negotiations. If you’re injured to the point where day-to-day operations are difficult for you, we can do all the legwork needed in your case. While consulting with you or your representative, we’ll:
- Gather evidence to support your claim of liability
- Help you meet New York’s legal deadlines
- Communicate with liable parties, even if they become combative
You can discuss the full extent of our legal support during your initial case evaluation.
Schedule Your Defective Medical Device Case Evaluation With Morelli Law Firm
Defective medical device injuries don’t only hurt you. If you can’t get the financial support you need to recover your losses, someone else’s negligence can have a life-long impact on the financial health and wellbeing of your loved ones. We at Morelli Law Firm recognize that long-reaching impact, and our defective medical device attorneys in New Rochelle can help.
It’s time for you to meet with our team. Reach out online or over the phone to arrange your defective medical device case evaluation.