Medical devices have helped improve and even save the lives of millions of Americans, but unfortunately there are many others that have caused patients extreme pain, complications, and even death.
Medical devices can cause damage for a number of reasons, and if you have been injured by a medical device you may have a viable claim for compensation.
One of the most commonly asked questions in the office of PhillyLaw is what a client’s defective medical device settlement is worth.
Our experienced medical device attorneys have years of experience evaluating, negotiating, and arguing claims on behalf of our clients to get the compensation they deserve and can provide a free evaluation of your case. Call or contact our office today to learn more.
What is a Medical Device?
A medical device refers to any device that helps patients treat a disease, illness, injury, or disability. Some medical devices can be small, while others replace entire body parts. Some medical devices can be purchased and used by the patient at a local store, while others require surgery or outpatient treatment in order to place the device correctly.
Some of the most common medical devices include defibrillators, stents, implants, joint replacements, contraceptive devices, internal mesh, IVC filters, and more. The United States is the largest medical device market in the entire world, comprising around 43 percent of the global market in 2015. With so many medical devices on the market, it is easier to see how you may be injured by a defective medical device and require compensation.
How to Calculate Medical Device Damages
Compensation for medical device claims includes payment for both economic and noneconomic damages. Economic damages refers to out of pocket expenses incurred by the victim as a result of their medical device. This can include medical expenses, lost wages, rehabilitation, and the loss of future income and benefits.
Noneconomic damages refers to the intangible harms caused by the medical device, such as pain and suffering, emotional distress, disability, disfigurement, and the loss of enjoyment of life.
In the worst scenarios, where a medical device results in the death of a loved one, the family of the victim can also seek compensation for wrongful death.
This includes payment for final medical bills, funeral and burial costs, and the loss of love, support, companionship, and security. In order to properly calculate damages for a medical device case, it is critical that you keep every receipt, medical bill, pay stub, and medical history for your attorney to review.
Who is Liable in a Medical Device Case?
Depending on the specific facts of your medical device case, there are a few different parties that could ultimately be liable in your case. By adding as many defendants as possible, you increase the likelihood of settlement with one or more entities that do not wish to continue with the case. The most common people and entities held liable in a medical device case include the following:
Medical Device Manufacturers
If a medical device manufacturer did not properly test its product before releasing it to the market or had knowledge of potential defects the manufacturer can be held liable for damages. Some device manufacturers will release devices to the public knowing that some will be defective, and they deserve to be held accountable for their actions.
Device Retailers
Retailers can include medical device specialty stores as well as large drug stores and pharmacy chains. If the retailer sold you the defective medical device that caused you real harm, the retailer may also be held liable for the damages that result from the defective medical device.
Sales Representatives
If a salesperson convinced your doctor or hospital to purchase the medical device, knowing that it may be defective or that the device has caused injuries in others, the sales representative can also be added as a defendant to the case.
Doctors
Finally, if your doctor or surgeon failed to warn you about the possible dangers of the medical device or placed the medical device negligently, the doctor can be named as a defendant in the case. If the doctor is employed by a hospital chain, the hospital may also potentially be named as a defendant because it employed the doctor that caused the harm.
To learn about who may be liable in your medical device lawsuit, it is important that you speak with a knowledgeable attorney about your case today.
Call or Contact Our Office Today
Speaking with a knowledgeable medical device attorney is the only way to truly gauge how much your medical device settlement is worth. To learn more about your legal options in medical device lawsuit cases, call or contact us at PhillyLaw in Philadelphia today to schedule a free consultation of your case.