Most preventable medical care-related injuries result from a doctor or other medical provider’s negligence, or medical malpractice, but what if you were injured or caused serious harm by a defective medical device?
A defective product claim requires a distinct legal procedure that differs from that of typical medical malpractice claims. Call the experienced Chicago medical malpractice attorneys at Smith LaCien to learn how we can best represent your interests in a defective medical device claim.
The founding attorneys and staff at Smith LaCien have dedicated their careers to fighting tirelessly for injury victims, including against powerful companies and their large insurance providers. We provide the following advantages:
After a free case consultation, we use a contingency-based payment model, so you pay nothing until after we’ve recovered compensation for you.
Medical professionals use a wide array of medical devices in hospitals and clinics in Chicago. In addition, many patients rely on medical assistive equipment at home or devices implanted inside their bodies for mobility or critical care. Common types of medical devices in Chicago claims include the following:
Medical devices sometimes malfunction due to a design or manufacturing error. They may also degrade over time and harm a patient by reducing efficiency or emitting toxins into the patient’s body.
It often requires an in-depth investigation by an experienced Chicago medical malpractice attorney to determine the best strategy to recover an injured patient’s damages. If the medical provider’s negligence caused the defective-product injury, the provider could be legally liable for failing to uphold their required duty of care to identify the faulty device or to obtain informed consent.
Depending on the circumstances of the case, the injury victim can pursue a defective-product claim against the manufacturer of the medical device, either instead of or in addition to a medical malpractice claim. While a medical malpractice case in Chicago requires evidence that the medical provider breached their duty to treat the patient at the standard required by the medical community, a defective product claim requires evidence that the medical device had a design defect, a manufacturing mistake, or a marketing error that resulted in the patient’s injury.
Damages caused to a patient from a defective device cannot be erased by a lawsuit, but a successful case can recover compensation for damages such as the following:
If a defective medical device caused a loved one’s death, a wrongful death claim can recover compensation for the family and a sense of justice for the egregious loss.
Both medical malpractice claims and defective product cases are complex and require careful handling, compelling evidence, and adherence to deadlines and filing requirements. Call our injury attorneys at Smith LaCien for a free evaluation of your case so we can begin a strong legal strategy on your behalf.
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