Today’s medical devices can fail at several junctures. A device released onto the market after a design or manufacturing failure puts your health at risk, as does a device that was inappropriately marketed or transported. Even medical professionals can ineffectively use essential medical devices to your detriment.
How are you supposed to react when a medical device fails? When in doubt, talk to a Paterson defective medical device attorney. Morelli Law Firm can break down your losses and help you bring those damages before a court. Whether you prefer to negotiate or want to push for a trial, we can work to hold a liable party accountable for their negligence.
How to Classify a Defective Medical Device Case
Defective medical device cases often involve the injury of a person – you or a loved one – as a result of a device not performing as it should. These devices often include vaginal mesh, hip replacements, and stents.
If you notice yourself feeling off after a particular treatment, you may be suffering from the effects of a defective medical device injury. The same can be said for family members who pass unexpectedly or who suffer symptoms on a scale of several years.
To classify your case, bring your concerns first to a Paterson, NJ, defective medical device attorney and then to a third-party medical professional. You can work with an unaffiliated doctor to determine if your symptoms tie back to a previously-used device. Unaffiliated doctors can later serve as professional witnesses in court cases.
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Defective Medical Device Classification and Your Filing Deadline
The kind of defective medical device case that you file impacts how much time you have to get your paperwork to a county clerk. This deadline, known as your statute of limitations, controls whether or not a court will consider your case. Attempting to file a case outside of New Jersey’s statute of limitations will see your complaint dismissed.
You can file a defective medical device case as either a product liability case or a medical malpractice case. To file a product liability case, turn to N.J. Stat. § 2A:58C-2. To file a medical negligence or malpractice case, turn to N.J. Stat. § 2A:14-2.
These statutes both give you two years to submit your complaint. Do note, though, that medical malpractice statutes of limitation operate on the concept of discovery. You’ll have from either the day you receive or discover your condition to take legal action. Product liability claims are not as flexible.
Essential Information in Your Defective Medical Device Claim
When you go to file a defective medical device claim, it needs to be comprehensive. As such, you need to detail:
- Who it is you want to hold liable for your losses
- Evidence of liability and/or a violated duty of care
- Your losses related to your treatment
- Your desired compensation
You are not obligated to find this information independently or while contending with substantial injuries. Instead, a Paterson defective medical device attorney can do this research for you.
Duty of Care in Defective Medical Device Cases
Establishing duty of care in a defective medical device case lets you assert a claim of liability. You’ll need to prove duty of care if you want to request financial support from a particular party. That duty reflects one party’s responsibility to treat you and your essential medical devices with a reasonable amount of care.
To prove duty of care, you’ll need to:
- Establish a connection between yourself and the allegedly-liable party
- Elaborate on the incident that resulted in your injury
- Highlight any negligence or deliberate mistreatment that may have resulted in your injury
- Indicate that your losses stemmed solely from this violated duty
You can hold multiple parties accountable for a defective medical device failure: manufacturers, hospitals, and even delivery teams. It’s up to you and an attorney to consult the evidence you have on hand to determine which institution you want to bring to civil court.
Requesting a Defective Medical Device Settlement
The compensation you request from a defective medical device claim can either take the form of a settlement or in-court financial support. You can estimate what this compensation looks like before you submit your initial complaint. Our Paterson, NJ, defective medical device lawyers can do this by calculating the economic value of your injury losses.
Most defective medical device injury losses are already economic in nature. If you’ve received bills for your treatment, or if you’re preparing for upcoming surgeries, you can list those expenses as part of your desired compensation. The same can be said for lost wages or lost opportunities to work.
Your non-economic losses have a dollar value, too. If you’ve suffered long-term PTSD, loss of consortium, or pain and suffering as a result of someone else’s negligence, you can request compensation to cover those pains.
Defective Medical Device Negotiations and Trials
So long as your case is approved by a New Jersey court, you’ll have the right to summon a liable party to either negotiations or a trial. Traditional trials allow you to trust your concerns to a judge and jury. You’ll undergo a trial’s traditional processes, including:
- Opening statements
- Witness testimony
- Closing statements
Trials can be lengthy endeavors, especially when they involve larger companies. If you want to fight for compensation on a more compressed timeline, consider the benefits of negotiations. An attorney can be present throughout your negotiations, ensuring that you fight for the compensation you deserve.
However, you keep negotiations between yourself and the party you want to hold liable for your losses. You’ll come to a settlement agreement together – one that may have you compromise on some of the losses listed in your initial complaint. There’s a good chance that you’ll have access to those funds earlier than you would, though, than if you went to court.
Forge Your Path to Justice With Morelli Law Firm
Defective medical device injuries cost time and money. When you’re left frustrated by negligent treatment, ineffective products, and mounting bills, it can feel impossible to get the justice you deserve. If you feel like you’ve hit rock bottom, it’s time to reach out to Morelli Law Firm.
Our defective medical device attorneys in Paterson, NJ, can help you take back control of your health and finances – so, let’s pursue a suit together. You can contact one of our representatives for a case evaluation as soon as you discover your injury. Call or reach out online today.