Today’s evolving technology allows medical professionals to treat a litany of new health conditions. Unfortunately, many of the devices used to preserve a person’s health are still in development. If a manufacturer doesn’t design a product with its consumers’ best interests at heart, those consumers may suffer an injury during their treatment.
Hospitals, too, may not know how to use some of the new devices that come through their doors. In these cases, both medical malpractice and product liability can lead to serious losses for you and your family. You, however, don’t have to resign yourself to these losses. Instead, you can turn to the Yonkers defective medical device attorneys at Morelli Law Firm.
Common Defective Medical Device Cases in New York
Yonkers, NY, defective medical device lawyers categorize medical device failure cases under the umbrella of personal injury cases. Your case falls into this category because of the injuries you sustained while seeking out effective treatment.
Some of the most common defective medical device cases tend to impact the structural integrity of your joints, including your knees or hips. The mobility aids that you want to use to reduce your pain or improve your mobility may actually worsen your condition. Medical device cases also tend to cite surgical mesh and related injuries in the plaintiff’s complaint.
It’s not your responsibility to research the efficiency of the medical devices a professional recommends for your treatment. If you’re struggling with post-use injuries, though, you can look at the FDA’s list of recalled devices to determine whether or not your treatment qualifies you for a civil suit.
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Your Rights After a Defective Medical Device Injury
If you want to take legal action after a medical device injury, you’ll need to file a complaint. Your complaint serves as your introduction to judicial representatives at a Yonkers court. You can establish the nature of your case as well as the extent of your losses in this document.
Most importantly, you’ll need to provide evidence of the liable party’s duty of care. You only have the right to pursue compensation for your losses if the party you name liable can be proven responsible for your well-being at the time of your accident.
Our office can gather evidence of liability on your behalf. We’ll also use your complaint to elaborate on:
- The extent of your injuries
- Any precedent for defects that a particular device has had within the state of New York
- The relationship you had to the party allegedly liable for your losses
- Behavior on the part of the liable party that seems unreasonable or unduly negligent
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Liability in Yonkers’ Defective Medical Device Cases
There are a few different parties that you and a defective medical device attorney in Yonkers, NY, can hold liable for your losses. The party most often called to court in a defective medical device case is that product’s manufacturer. You can accuse a manufacturer of:
- Misrepresenting a device’s functionality in its marketing
- Allowing defects to pass through the product’s design phase
- Allowing defects to develop while the product was in mid-production
Alternatively, the hospital or medical institution that used your product may be at fault for your losses. If you think a staff member or institution at large contributed to your condition, you can file your claim under the gauge of medical malpractice. You can cite alleged negligence or reckless behavior in your case while naming the entire medical institution liable for your losses.
New York’s Statute of Limitations on Defective Medical Device Cases
Your statute of limitations varies based on how you choose to qualify your losses. If you want to hold a hospital liable for your losses, you can file a medical malpractice complaint. CPLR § 214-A gives you two years and six months to file a complaint with a local county clerk.
If you want to categorize your case as a product liability suit, you can refer to CPLR § 214 for your filing deadline. In New York, residents pursuing product liability cases have three years to act on those losses.
Failure to file by either of these deadlines may see you waive your right to financial support. If you’re concerned that your injuries may prevent you from representing your best interests in court, we can step up to the plate for you.
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Requesting Compensation for Defective Medical Device Claim Losses
If you’re contending with the aftermath of a device failure, you likely have substantial medical bills on your hands. You can list these bills as part of your desired compensation when you move to take your case to court. Those aren’t the only sources of compensation you can include in your request, though.
To calculate your personal injury settlement in a defective medical device case, attorneys can also look at your non-economic losses. If you’ve suffered temporary or permanent disability as a result of someone else’s negligence, you can request financial support for your long-term care. It’s best to refer to state precedent to determine the economic value of this and other losses like:
- Pain and suffering
- Loss of consortium
- Wrongful death, if applicable
You can also include the wages you lost while recovering, lost opportunities for employment, and even property damage in your estimated compensation. Make sure that you can trace those losses back to the inciting incident, though. You can ask a Yonkers, NY, defective medical device lawyer about how certain losses may play into your final estimate.
How to Fight for Your Requested Compensation in a Defective Medical Device Case
After you’ve submitted a legal complaint, you can choose to either take your case to trial or to enter negotiations. Negotiations do not require you to go to court. Instead, you can issue a summons to the party you believe to be responsible for your defective medical device losses.
So long as you have an estimate of your preferred compensation, you’ll have the chance to argue for the liable party’s financial support. While you may have to compromise, these negotiations can help you avoid a significant amount of time in court.
If you opt to go to trial, though – either after failed negotiations or straight off the bat – a judge can contribute to your alleged compensation. While you’ll have to undergo discovery, opening statements, and examination, you may come away from your case with punitive damages. If you’re not sure how to proceed, let our team assess the value of each path for you.
Morelli Law Firm Fights for Your Right to Defective Medical Device Compensation
Recovering from a defective medical device injury can be a lengthy process. It doesn’t matter whether a manufacturer or a medical professional violated your trust. You’re still left to contend with the impact the device has had on your health and its related bills.
You don’t have to let that behavior go unanswered. If you’re ready to fight back against a company’s malicious negligence, call Morelli Law Firm. Our defective medical device attorneys in Yonkers can stand with you as you file your claim for compensation. Call our office or use our online form to schedule your case evaluation today.