Today’s medical devices are more complex than those used in decades past. With that increased complexity comes the ability for manufacturers to serve audiences with more needs. That same innovation, however, can also introduce new forms of failure.
The last thing you want to deal with on top of your unique medical conditions is a defective medical device. Even though the U.S. Food and Drug Administration evaluates the functionality of today’s medical devices, manufacturing errors can go overlooked.
Fortunately, you can fight back after finding yourself faced with a defective medical device. If you want to pursue compensation for the medical oversight you endured, our defective medical device attorneys in Union City at Morelli Law Firm can help you get started.
Defective Medical Devices and Product Liability Cases
Product liability cases strive to hold medical processors accountable for their manufacturing mistakes. After suffering from an injury, you can often name the institution allegedly liable for your losses by looking at your product’s label.
To qualify for a product liability case, you’ll need to prove that:
- A liable party (medical professional or manufacturer) owed you a duty of care
- That duty of care suffered due to the liable party’s negligence or recklessness
- The violation of that duty resulted in your injuries
That said, not all defective medical device cases are easy to classify. These suits can be both product liability cases and personal injury cases. If you’re not sure which kind of case you have on your hands, a Union City defective medical device attorney can assess your circumstances and classify your suit accordingly.
Defective Design, Manufacturing, and Marketing
There’s more than one way a medical device can prove to be defective. If the device was improperly drafted during its design phase, you can assert that the manufacturer’s negligence contributed to your losses. You can argue much the same if the product was manufactured in an inappropriate environment or to ineffective standards.
Comparatively, defective marketing in a product liability case can involve omitted information. Companies that don’t warn their consumers about a product’s side effects or that suggest improper uses of their products can be held accountable if someone is injured by what they don’t know.
Medical Malpractice and Defective Medical Devices
Medical professionals aren’t infallible. Even if the medical devices they need are delivered in perfect condition, human error can cause those devices to malfunction. If a malfunction caused by medical professionals causes you injury, you may have a medical malpractice case.
Our team can classify your defective medical device case by assessing records of your medical treatment. If it seems like a medical professional’s negligence or recklessness resulted in a product’s failure, you can bring a case against that person’s institution.
Alternatively, you can look at the release history of the product used in your treatment. If there’s been a history of product recalls, or if there’s evidence of product failure, you can take your case up against that product’s manufacturer.
Union City Defective Medical Device Lawyer Near Me 877-751-9800
Defective Medical Device Cases and New Jersey’s Statute of Limitations
The amount of time you and a Union City defective medical device lawyer have in which to file a defective medical device case depends on the case’s classification. For example, a product liability case needs to reach a county clerk within two years of your injury, according to New Jersey Revised Statutes § 2A: 58C-1.
If you want to file your case with a personal injury lawyer, you have to abide by the statute of limitations established by New Jersey Statutes § 2A:14-2. This statute also gives you two years to act on your losses. Your timeline begins on the same day you endured your injury.
The statute of limitations for medical malpractice cases refers to the same deadline set forth by NJS § 2A:14-2. This means that you have two years to pursue your case. However, your timeline for filing a medical malpractice suit can begin on the day you discover your injury. This delayed deadline may give you more time to file.
Assigning Liability in Defective Medical Device Claims
However you choose to file your case, you’ll need to write up a complaint. Complaints help you identify the party liable for your losses to Union City’s court clerks.
In most cases, your complaint isn’t going to target an individual medical professional or the CEO of a manufacturing plant. Instead, you’ll want to direct your complaint towards a medical institution or business. An attorney can help you determine which institution to name on your summons for the greatest effect.
Estimating the Worth of a Defective Medical Device Case
It’s not easy to assign an average settlement to a defective medical device case. The conditions you endured are unique. Your possible settlement may even vary depending on which party you want to hold responsible for your losses.
That said, you can still bring together a value estimate that’s specific to your case. In the complaint you initially level against a liable party, you can detail the costs associated with you:
- Medical bills
- Mental distress
- Pain and suffering
- Lost wages or opportunities for work
- Loss of consortium or companionship
- Wrongful death and funeral expenses
Our team can refer to legal precedent throughout New Jersey to assign dollar values to your non-economic losses. Once we’ve completed an estimate on your behalf, we can then bring that number into private negotiations or a trial.
Communicating Your Losses With Morelli Law Firm
Defective medical devices can leave you wary of the tools that might one day save your life. Whether you can trace your injury to a hospital or a manufacturer, we can help you right the wrongs you faced. Our defective medical device lawyers in Union City, NJ, can help you fight for damage-related compensation.
The best way to start off your case is to sit down with our team. You can schedule a case evaluation with Morelli Law Firm by calling our office or reaching out via our website.