Medical devices and products, such as surgical implants, organ transplants, prosthetics and equipment, are crucial components of medical care in the United States. In many cases, these items are used without any adverse reactions. There are some instances in which defective items can have a negative impact on the patient’s overall health.
For people who are injured by defective medical products and devices, the need to seek compensation comes into the picture. Seeking compensation is a way to hold the manufacturer liable for the issues that occurred. It is also a way for the harmed patient to attempt to recover the medical costs and other financial impacts of the harm.
Before you file your claim, you have to determine if your case falls under the product liability laws or the medical malpractice laws. The answer to that question is determined by what caused the harm to you. If the product was defective, it would likely be a product liability claim. If a medical professional’s actions caused the harm, the claim would probably fall under medical malpractice. As you can imagine, the line between the two types of cases is fine when it comes to issues with medical devices and products.
If you are one of the people who has been harmed by one of the medical items, you should work swiftly to understand your right to seek compensation. There are specific time limits in place, which are determined by the statute of limitations, for these cases. Depending on the situation, the time either starts when the injury occurs or when it is discovered.
Source: FindLaw, “Medical Product and Device Defects,” accessed June 09, 2016