Proving a Medical Device is Defective

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Proving a Medical Device is Defective

When a medical device injures a person, one of the fundamental issues is proving that the medical device was defective or dangerous and that condition caused the patient’s injury. A patient must prove both elements to recover compensation for their injuries. However, opening and tearing down a product to examine it can have negative consequences if the manufacturer claims that the plaintiff created the dangerous condition by the tests performed on the object.

Therefore, it is important to retain specialists who understand how to examine medical devices to detect defects without damaging the internal structure of the product. Experienced defective medical device attorneys understand the importance of examining products in ways that will not damage the product further thereby providing a defense for the other side.

Using Imaging Techniques to Examine Products

Imaging techniques can assist in examining medical devices for product liability claims. Computed Tomography (CT) scans and X-rays can examine the internal workings of a product without requiring us to open, alter, or damage the product. CT scanning allows for a three-dimensional image by rotating the device and capturing detailed images from 360 degrees. The information obtained from the imaging process can be invaluable for filing a product liability lawsuit.

Imaging applications that may be used include:

  • External and internal measurements
  • Density analysis
  • Reverse engineering
  • Assembly verification
  • Failure analysis
  • Product quality compliance

Working with an experienced medical device lawsuit attorney ensures that you have a lawyer who understands the complexities involved in this type of litigation, including the challenges of obtaining evidence to prove liability.

Holding Manufacturers Responsible for Defective Medical Products

Product liability laws hold manufacturers and other parties liable for damages and injuries caused by defective and dangerous products. Medical devices that are defective by design or because of manufacturing defects cause severe and fatal injuries. Holding the parties responsible for designing, manufacturing, and distributing a dangerous product is important. By filing product liability claims, parties can help the public become aware of the potential for harm from using the product. Lawsuits also encourage manufacturers to correct problems and invest in trials and tests to ensure their products are safe and effective before they market the products to the public.

Most of all, a product liability claim holds the negligent party accountable for damages by awarding monetary settlements to injured victims. Money will not undo the damage caused by injuries sustained from defective products, nor will it bring a loved one back who died because of a defective product.

However, a judgment in favor of an injured patient and his family can help ease the financial burden caused by the injury or wrongful death. It can also bring some measure of justice to the patient and family as the negligent party is held accountable for its negligent and reckless behavior.

Call for a Free Consultation with a Medical Device Lawsuit Attorney

If you believe a defective medical device has caused your injury, call our office now to speak with a member of our legal team. The Fox Law Firm, P.C. is based in Dallas, TX, but we represent individuals and families harmed by dangerous medical products throughout the United States.

For your free consultation, call 1-866-FOX-FIRM or 1-866-369-3476.

 

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