Medical devices are intended to help patients with a variety of issues to keep them safe and healthy. However, though these devices are designed to work as intended, they can fail. When they do, the person can be injured or killed. Whether it’s a single device that has failed or multiple people are facing the same issue, if a medical device has failed due to manufacturing defects, it may be necessary to start looking at the legal process for obtaining compensation.
Take Steps to Preserve Evidence
It is crucial for the patients to immediately take steps to preserve any evidence for the case. This may mean preserving the medical device where possible, requesting information from doctors, or saving information about medical care needed as a result of the medical device failure. All of the evidence will be needed if there is a medical device failure lawsuit or to request compensation from the manufacturer of the device.
Contact a Lawyer About the Case
As soon as possible after the failure, start talking to a lawyer about what happened and how they can help. It is hard to get compensation from manufacturers of medical supplies and many cases will not be successful, especially if the patient doesn’t have a lawyer helping them. Patients need someone who is familiar with medical device laws, consumer protection laws, and more to be able to sue for compensation if needed.
Gather Further Evidence of the Issue and Impact
It may be necessary to gather further information, such as medical records about the necessity and use of the device. All paper documents do need to be stored properly to preserve them in case there is a lawsuit. Patients should provide the lawyer will all documents pertaining to the case. It is also a good idea to make sure the documents are saved in multiple places, including on the cloud securely so that nothing happens to them.
Determine Who is at Fault
Most of the time, when there is a medical device failure, it will be the manufacturer who is liable. However, this isn’t always the case. Instead, it could be others who handle the design and creation of the device, the packaging for it, the delivery, the installation, and more. It is important to determine the liability, as they will be the party responsible for covering the compensation for the patient.
Request Compensation From the Liable Party
Once everything has been gathered and organized, it’s time to request compensation. Typically, these cases will end with a settlement. That means the lawyers for the patient will meet with the lawyers for the liable party to request compensation and negotiate a settlement that is sufficient for the patient. In some cases, though, negotiations will not be successful. When that is the case, the next step is to take the case to court.
Medical devices have strict guidelines that must be followed to protect patients. When a medical device fails, the patient may be owed compensation for the injuries that occur as a result. However, it is not always easy to get compensation. Start with gathering evidence and speaking with a lawyer about your situation to determine if it’s possible to get compensation and, if so, how much you can receive. They’ll help you through the case to get as much money as possible in a settlement.