Defective Medical Devices: Personal Injury Options in California

Find A California Product Liability Lawyer for Defective Medical Devices

As much as we trust our medical providers to ensure we're safe in every procedure, accidents can still happen. Some of these accidents—whether by negligence or solely the fault of the manufacturers and distributors—can be due to faulty medical equipment. If you have ever sustained injuries and complications due to faulty medical equipment, contact a Personal Injury Attorney in California to help you collect the damages for your losses.


defective medical device lawyer

What Happens When Medical Equipment Becomes Defective?


Even though all companies that develop and sell medical devices are supposed to investigate and test their products properly, this does not always happen. As a result, when products are later found to be problematic, they are frequently hurried to market without sufficient design or safety testing.

Not all medical equipment is defective. A defective product can sometimes be caused by a single broken or faulty component of the gadget. Regardless, the corporation is responsible for providing high-quality equipment and notify the public when there is a potential safety risk.

Simply put, a medical device might be defective due to its design, production, or the failure of the maker to alert patients about potential adverse effects.


The best thing you can do is contact a California Personal Injury Attorney that can help you through your Product Liability Claim.

Medical Devices That Are Frequently Defective

Patients who are in severe need of a therapy breakthrough can benefit significantly from advances in medical technology. Many medical devices may only be defined as life-saving technologies, while others can improve one's quality of life. The vast majority of medical devices are designed to be safe and effective replacements for existing treatments.


On the other hand, some new technology includes design flaws, manufacturing issues, or inadequate cautions about potential dangers. Defective medical equipment can result in serious injuries, degenerative illnesses, or even death.


los angeles personal injury attorney

In many cases of defective products, it is up to the patient or a family member to file a Personal Injury Claim against the device's producers to obtain compensation.

Consider any medical equipment that your body might require in the future. These gadgets can, however, become defective if safeguards are not taken. The following are examples of medical devices that have the potential to fail:

  1. Defibrillators

  2. Pacemakers

  3. Shoulder Replacement

  4. Filters for IVC Blood Clots

  5. Screws/Plates

  6. Breast Implants

  7. Mesh for Hernia

  8. Hip Replacements

  9. Artificial Knees

  10. Transvaginal Mesh

Keep in mind that the products listed above are only a few instances of potentially defective medical gadgets. It does not mean that if you have one of these gadgets, it is immediately compromised.

However, depending on their use and location, several of these medical devices and others have been known to cause severe damage. Remember that not all injuries are physical. Patients can suffer both emotionally and financially as a result of their treatment.


Calculating for damages requires that you put a price for each and every loss you sustained. Hire a California Personal Injury Lawyer to help you determine the damages you want to sue for.

Who Is Responsible for a Faulty Medical Device?

When a medical item is known to be defective and causes harm, the manufacturer is almost always held responsible in some way. Other parties, however, may also be to blame, including:

  1. Laboratories

  2. Physicians

  3. Hospitals

  4. Pharmacies

  5. Representatives of the Sales Team

Unfortunately, litigation involving faulty medical devices are frequently complex and costly. As a result, it's usually advisable to hire a California Product Liability Lawyer to help you through the procedure, making it easier and more efficient. After all, you've already been through so much. Your primary focus should now be on recovery.


What Can You Sue For?


Claimants in defective medical device cases, like claimants in other forms of product liability and personal injury actions, must show liability on the side of the product's producers. Therefore, you will need all the evidence you can find—including witness testimonies from family and medical experts—to forward an effective claim.


In most cases, the producers are accused of failing to meet some basic safety and efficacy standards, such as:

  1. Defects in the design

  2. Defects in the manufacturing process

  3. Negligence

  4. Failure to issue a warning

  5. Incorrect labeling

  6. Withholding information from patients and healthcare providers on purpose

These cases can be complicated to prove culpability, depending on the nature of the injuries and the product itself.

However, an experienced California Product Liability Attorney has the knowledge and experience to assist you in constructing a solid case against the companies responsible and obtaining compensation for your losses.

Can I Forward A Class Action Lawsuit?

Many individuals have heard of the term "class-action lawsuit" but aren't sure what it means. A class-action lawsuit brings together claimants who have all incurred identical injuries or hardships resulting from a common defendant in its most basic form. Then, a small group of defendants and attorneys represent the broader class, and any decisions made in the case are legally binding on all members of the class.


los angeles personal injury lawyer

Multidistrict litigation (MDL) is similar in that it brings together cases involving the same defendant. Plaintiffs in an MDL, on the other hand, retain their own California Personal Injury Attorney and make their own decisions about settlements and whether or not to go to trial. Thus, each case will be kept distinct from the others.


The goal of these two types of litigation is to streamline and accelerate pre-trial processes, such as evidence discovery, and to empower more people to take on corporate behemoths. However, dealing with larger organizations with tremendous financial resources might be prohibitively expensive for victims of corporate malpractice.


How Long Do I Have To File For A Case In California?


You must file your claim within the state's personal injury statute of limitations for it to be viable. A personal injury lawsuit in California has a two-year statute of limitations from the date of the injury.

You will be disqualified from recovering damages if you wait more than two years.

If you have been harmed due to a faulty product, you should contact a California Personal Injury Attorney as soon as possible. This is tasked with ensuring that your claim is brought within the time range required.

Find A Product Liability Attorney in California


No win, no fees! Gency.org can help you find a Contingency Lawyer for your Personal Injury Case in California. You can complete our submission form for a free case review.

2 views0 comments