The medical field has been growing steadily. Every new discovery in the realms of medical science has saved countless lives. As new medical needs are discovered, new medical devices are invented. Likewise, new versions of old devices are created in order to lower the cost of said devices so that they can be used more widely.
Unfortunately, there is a dark underbelly to this. For some, they see new developments in medical technology not as a way of helping people but as a way of making money. Poorly designed medical devices are all too common, with many large companies even acting to cover up reports on potential issues relating to their devices. For others, they mean well but the desire to lower the cost of such devices has the unfortunate potential to lead to issues relating to quality.
If you have been injured from a defective medical device, you’ll quickly find yourself wondering who is going to pay for it and how much that payment will be. To get to the bottom of this, we’ll first look at what you should do if you’ve been injured by a medical device. From there we’ll discover how blame is proven and what type of compensation you can get once the guilty party is known.
What Should I Do If I’m Injured by a Defective Medical Device?
Like any injury, the most important thing to do is make sure that you get it looked after by a medical professional. This might sound obvious but there is more to it than just your health and wellbeing. But do keep in mind that your health is your first priority. In many cases, ignoring an injury from a defective medical device can lead to the injury getting worse or causing long-term damage that could have been avoided.
It’s important to seek a medical professional quickly for legal purposes, too. For one, meeting with a doctor in a professional setting will get you a record of your injury and your journey to getting it treated. This is useful for proving your claim later but a failure to seek timely medical services can actually be detrimental to your claim. The opposition has room to argue that your injuries are only as bad as they are because you choose not to get medical assistance and so they shouldn’t have to pay any damages or they only have to pay a smaller number. Don’t give them any more ammunition to use against you.
Another useful thing you can do is to start a journal. Keep note of anything relating to your claim. Write down anything you noticed that seemed off about the medical device or the medical procedure. Keep track of your injuries and how they’re healing, what type of restrictions they’ve placed on your life, what level of pain you’re in, anything at all related. This is useful for creating a record but it can also give your attorney some ideas for what to investigate first.
Finally, reach out to an experienced attorney like those at Barry Deacon Law early on in the process so they have time to investigate the case themselves. Working with an attorney is especially smart because you can let them do the investigating work while you focus on recovering.
How Do I Prove A Defective Medical Device Claim in Texas?
A defective medical device claim is a type of product liability. The basic idea behind this type of law is that the public has the right to expect that products sold to them will do what they say they will do without causing harm.
As with many types of claims, the deciding factor is negligence. You need to show that negligence was involved. Negligence simply means that the party you are taking to court failed to live up to the duty of care they owed you. For car crashes, this could mean that they were texting instead of paying attention to the road. For defective products, it could have a few different meanings.
In order to prove a defective medical device claim in Texas you need to:
- Show that the defective medical device caused your injury. This is pretty easy to do if you got a professional medical opinion as we suggested above.
- With the injury out of the way then it is on to the negligence. In a product liability case, this means that you are arguing that the device had a defective design that caused the injury, that the manufacturing of the device caused it to be defective, or that the medical device was marketed in a way that misled you about how to use it.
- Finally, you have to show that it was the negligence that led to your injury. For example, you have to show how the misleading marketing caused you to use the device the wrong way or you need to show how the poor design is what caused the injury.
What Damages Can I Get From a Defective Medical Device Claim in Texas?
There are several types of damages that you can get from a claim of this nature and most people putting forth a claim are eligible for several of the following:
- Lost wages, salary, or income
- Physical pain and suffering
- Mental pain and suffering
- Loss of companionship
- Loss of consortium
- Medical expenses
- Loss of enjoyment of life
Keep in mind, however, that there is a statute of limitations for defective medical device claims. You have only two years from the date that the injury occurred. Anything longer than two years ago cannot be brought to court.
How Do I Press a Claim?
The best way to file a defective medical device claim is to work with an attorney who understands how cases like these play out. They’ll be able to advise you on the best course of action, how an investigation will proceed, and what to expect out of a court battle. The attorneys at Barry Deacon Law have exactly the type of professional experience that you’ll need going forward with a case of this nature. Reach out to Barry Deacon Law today to learn more about how they can help you.