Medical devices are depended upon by millions of people in the United States, but what happens if the product used is defective?
Defective medical devices can have severe consequences, especially in cases of implants, defibrillators, and contraceptive devices. They can cause a litany of injuries, including scarring, bleeding, chronic pain, lost mobility, tissue damage, and in some unfortunate scenarios, even death.
In any of those cases, the hospital or company tied to the product can be found liable, especially if the failure of the device leads to physical or emotional pain along with further medical bills. One of the major concerns as it pertains to cases of this nature is that statute of limitations. All states issue a statute of limitations, which states a suit can only be filed if done in a certain amount of time. Assuming your injury was recent, there is no need to worry, as that time limit in the state of Georgia is two years.
Many states have enacted a discovery law, which means that two year clock does not start ticking until a person should reasonably realize they are injured, or something is wrong.Another question involved whether the case falls under product liability or medical malpractice. For example, if a product has warnings on the label and has explicit directions as far as its usage, they are not to be found liable assuming they follow the standards of the Food and Drug Administration (FDA).
FDA standards can often make all the difference in a product liability case. If a defendant can prove that their company followed FDA regulations, they can likely win the case. FDA rules are sometimes left up to interpretations, which a good lawyer will find and pick apart.
If a product is correctly labeled but a physician did not pass on that information correctly to the patient, then it is a medical malpractice lawsuit. In some scenarios, the definition is not so clear, and that is why it’s important to have a good lawyer on your side. Lawyers trained in this area can easily decipher where the blame should lie, and direct your lawsuit toward the appropriate party.
Product liability cases are very complex, and will regularly require an experienced legal team on your side. Mulholland & Sutlive, LLC has experience with these delicate types of cases, especially medical device defections. For a free consultation with one of our Atlanta attorneys, call (770) 350-2691.