Medical product liability refers to cases and claims where a person is injured or harmed by a medical device or product. In most cases, this is treated as a separate category from medical drugs and pharmaceutical-related claims. Medical products can cause injury due to a product defect (for instance, if the product had a defective design or if it failed to have the proper warning labels attached to it).
What Are Some Common Medical Product Liability Claims?
Some common products and devices in medical product liability claims may include:
- Surgically implanted devices, such as hormone-related implants and IVC filters
- Joint replacement products such as hip replacements
- Walkers, wheelchairs, and other mobility-related devices
- Braces, crutches, and other stability-related products
- Products or devices involved in medical procedures, such as surgical tools and robotic devices
- Hospital equipment
In some cases, a medical product can create additional problems for the condition or injury that it is supposed to remedy. In other cases, medical products can create a whole new set of medical issues. For instance, joint replacement products can create injuries that are not related to the original joint problem, such as problems with the blood or with internal organ systems.
Are There Any Legal Remedies for Medical Product Liability Cases?
Product liability laws may prescribe serious legal consequences and remedies for medical product liability cases. These typically involve some sort monetary damages award to compensate the victim for losses caused by the injury. These can often cover medical expenses and other losses such as lost wages.
In many instances, a medical product may be subject to an FDA recall. Also, if the product has affected a large number of consumers, it may lead to a class action lawsuit. Some medical product liability cases have led to very large damages awards for the affected consumers.
Do I Need a Lawyer for Help with Medical Product Liability Claims?
Medical product injuries can be serious and can create various health problems for the consumer. You may need to hire a personal injury lawyer in your area if you need help with a medical product liability case. Your lawyer can provide you with up-to-date research for your claim, and can advise you on the different steps you need to take. Also, if you need to attend court meetings or hearings, your lawyer can represent you during those times as well.