Medical technology has come a long way in recent years, but despite the leaps and bounds that have been experienced, not all medical devices work as intended. Medical device injuries are not uncommon. From warming blankets that cause injuries to stents that produce deadly allergic reactions, there are dozens of examples of recent failures in medical devices that have resulted in serious and even fatal injuries to their recipients or users. When you are injured due to a defect in a medical device, you have the right to hold the manufacturer of that device (and sometimes, the doctor who implanted it or the medical device supplier or pharmacy that dispensed it) accountable for your losses, both financial and non-financial. SMT Legal can help.
Determine the Statute of Limitations
The first step you need to take before filing a claim is to determine the statute of limitations. While the state of Pennsylvania has a two-year time limit for filing lawsuits, cases involving medical products and devices often work differently. This is due to the fact that a large amount of time often passes before a patient even becomes aware of their injuries. In such cases, the discovery rule applies, meaning that the time period for filing your lawsuit doesn’t begin at the time of your injury, but rather once you become aware of your illness or damage.
Types of Medical Device Cases
Mistakes happen, but when you’re a manufacturer of medical devices, mistakes need to be caught before your product is passed on to the public. Faulty surgical instruments, defective implants, pacemakers, and prosthetics can cause serious injuries or even death. If you or a loved one have suffered an injury or wrongful death as the result of a defective medical device, contact us at SMT Legal today for your free consultation.
The second step in filing your claim is determining whether your case falls under product liability or medical malpractice. You will need to consult with an experienced and knowledgeable attorney to determine which type of case yours qualifies as.
Sometimes plaintiffs in defective medical device cases can raise the issue of adequate warnings and potential dangers being provided by the products’ manufacturers. In the case of medical malpractice, if the court finds the defendant liable, you may be entitled to a hefty sum to cover the cost of your medical bills, lost wages, and physical and emotional trauma.