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Suing After a Patient is Injured or Killed by a Defective Medical Device

 Posted on May 14, 2021 in Defective Products

Illinois defective medical device attorneysModern medicine has enabled people to lead longer, healthier lives. Unfortunately, when a medical device is faulty or malfunctions in some way, the results can be catastrophic. Defective medical devices can lead to new and exacerbated medical problems, and in some cases, even patient death. If you were harmed or a loved one was killed because of a faulty medical device, it is important to know your legal options.

Medical Products with Manufacturing or Design Defects  

When a person is harmed because of a flawed medical product or medical device, the individual may have a right to damages through a product liability lawsuit. Unlike a medical malpractice lawsuit, which is brought against a medical professional for negligent medical care, a product liability case is brought against a product manufacturer or designer. Medical products that are commonly the subject of product liability lawsuits include:

  • Pacemakers
  • Defibrillators
  • Hip and knee replacements
  • Dialysis filters
  • Transvaginal mesh
  • Hernia mesh
  • Birth control devices
  • Drug-coated stents
  • Inferior vena cava (IVC) blood clot filters
  • Robotic surgery devices

What You Must Prove to Bring a Successful Lawsuit

When a product designer or manufacturer makes a mistake that causes a patient harm, that company should be held accountable. If you were injured by a defective medical device or product, you may be able to sue the company for damages. You will need to prove that:

  • Your injuries were the result of the defective product
  • You sustained damages because of your injuries

A product liability lawyer with experience handling defective medical device lawsuits can help you gather evidence to demonstrate each of these elements. If your loved one died because of a faulty medical device, you may bring a wrongful death lawsuit on his or her behalf. A wrongful death lawsuit can hold the negligent party accountable for your loved one’s death and may also allow for the recovery of damages.

Types of Damages in a Defective Medical Device Lawsuit

Damages are the losses that a person suffers because of an injury or death. In most defective medical device injury lawsuits, the recoverable damages include:

  • Additional medical bills caused by the defective product such as additional surgery or an extended hospital stay
  • Lost income from missed work
  • Pain and suffering
  • Disfigurement or scarring

In a defective medical device wrongful death case, the damages often include:

  • Medical and funeral expenses
  • The loss of the deceased person’s income
  • The surviving loved one’s grief and suffering
  • The loss of the deceased person’s companionship, support, and care

Contact a Glen Ellyn Defective Medical Product Lawyer

If you suspect that your injury or your loved one’s death was the result of a defective medical device, contact Schwartz Injury Law. Our Illinois product liability attorneys can investigate your case and determine if you were the victim of negligence. If so, you may be entitled to monetary damages. Call 630-349-2325 for a free, confidential consultation.


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