Why You Need an Attorney If You’ve Been Injured By a Defective Medical Device

Dec 16, 2022 - Defective Medical Devices, Personal Injury by Cross & Smith

While medical devices have positive effects for many patients, when they are defective, they can cause an already sick individual to experience even more pain and suffering. When this happens, a Tuscaloosa injury attorney at Cross and Smith can help the injured party recover the compensation they are owed. 

It is always best to have legal counsel on your side to advocate on your behalf. Why? Below, we discuss some of the reasons for working with a skilled injury attorney after you’ve been harmed by a defective medical device. 

An Attorney Can Determine the Type of Defect

One of the ways your attorney can help is by determining the type of defect the medical device has. There are different types of defects, including:

• Defective Design: The medical device can be defective due to its design. In these cases, the product was made according to the directions provided to the manufacturer, but the actual design is flawed. 
• Defective Manufacturing: In these cases, the design is effective, but the manufacturer failed to comply with the design or they used inferior products when producing the medical device. 
• Inappropriate Use: The medical device may have been properly designed and manufactured but it was not used in the way or for the purpose for which it was intended.

Whatever the cause, injuries sustained by a defective medical device can be expensive and people who suffer these injuries should consult with a Tuscaloosa injury attorney as soon as possible.

A Lawyer Can Determine Who is at Fault

It is also essential to determine who is at fault for the defective medical device, and an attorney can help with this process. Possible parties who may be at-fault include:

• The designer of the device
• The manufacturer of the device
• The physician that prescribed the device
• The physician that implants the device (for devices that are placed internally)
• The medical representative that sold the device
• The medical facility where the patient received treatment

Any Tuscaloosa injury attorney at our firm can determine the proper parties responsible for the injuries caused by a defective medical device. 

Attorneys Know Which Laws Apply to Your Situation

An attorney will know the applicable law in a medical defects case and will know the statutes and case law that must be complied with. This includes any statute of limitations or other rules that impact an injured party’s ability to recover the compensation that is due.

Skilled Injury Attorneys are Able to Perform Necessary Research

An attorney will have access to perform the research that is needed in a case where a person has been injured by a defective medical device. For example, they will be able to determine if the device at issue, or its manufacturer, has been involved in litigation over similar issues in the past. 

Consult With a Tuscaloosa Injury Attorney at Cross and Smith Today

Each Tuscaloosa injury attorney at Cross and Smith stands ready to help those who have been injured by a defective medical device recover the compensation they are owed. Need legal guidance? Contact us via our website.