Defective medical devices can cause many different types of medical problems, from long-term problems that affect a person’s longevity, work, and personal life to wrongful death. An individual who has experienced a health concern because of a defective medical device should consult a personal injury attorney. You can view website to know about attorneys who can help you get claims regarding personal injury and wrongful death.
Common medical devices with defects include neck stems, artificial knee replacements, hernia patches, bone grafts, stents, pacemakers, dialysis machines, hip implants, transvaginal mesh, and defective surgical screws. An individual should come to their attorney with the following information:
1. The type of product
2. The procedure/s that they had that involved the product
3. The date/s of the procedures
4. The name of the doctor/s and hospital/s that treated them
5. A list of the concerns they are experiencing, including the level of pain they have and the painkillers they have been taking
6. Other treatments they have had that could have affected their condition. For example, if a person had a hernia patch, and later fell and damaged the patch, they may have had a surgery that further compromised the patch.
An individual can find most of this information in their medical records. It is a good idea for an individual to provide a signed medical release form to the hospital that treated them. This allows the personal injury attorney to access other records which may be relevant to the case, like bloodwork showing that the individual was healthy before they had the medical device implanted.
After consulting a personal injury attorney, an individual should follow these steps:
1. Start or continue seeing a new doctor about how to replace, remove, alter, or live in good health with the defective device. Get two or three other medical opinions regarding such action.
2. Choose one doctor and follow the treatment they recommend.
3. Avoid posting information about their medical procedures, recovery, leisure activities, and work duties on social media.
4. Gather documents relating to their case, including prognoses, recommended future treatments, and past medical bills. Share these with the personal injury attorney.
5. Determine what parties might be responsible for damages. Parties at fault will likely include the hospital, the doctor that recommended the device, the manufacturer of the device, and the distributor of the device.
Alabama has a two year statute of limitations for personal injury lawsuits. The critical date is the act or omission giving rise to the claim. Alabama also has a two year statute of limitations for medical malpractice lawsuits.
A personal injury attorney can help an individual and their family determine who made the medical device, what issues it may have had in the past, and why a hospital should not have chosen it for a particular patient. Such work will likely involve hiring a medical expert to provide information about the device. The expert can state what issues the device has caused for other patients with similar conditions.
An individual may choose to initiate or join a class action lawsuit if one has been started. A class action may not be appropriate if an individual is particularly fragile or has an uncommon medical condition.
A Birmingham injury attorney can also help an individual and their family determine whether they are likely to succeed in the case, the size of a reasonable settlement, and what tactics to take to get responses from corporations that manufacture medical devices. A personal injury attorney is available to represent an individual in court or act as a consultant for a self-represented client.
Damages for a defective medical device case typically include medical bills, transportation to and from medical appointments, lost wages, and compensation for pain and suffering. Alabama does not cap the amount for damages in a defective medical device case.