Ann Arbor Defective Medical Device Attorney

Ann Arbor Defective Medical Device Lawyer

Medical professionals in Ann Arbor and throughout Michigan use countless medical devices to treat their patients every day. Some of these devices are intended for single uses, while others are implanted into patients’ bodies for specific purposes. While most medical devices are rigorously tested and inspected for quality, it is possible for defects to slip through official approval processes and ultimately harm dozens, if not hundreds or even thousands of patients.

Helping Ann Arbor, MI, Clients Recover From Injuries Caused by Defective Medical Devices

Throughout the past few decades, many medical devices that had been previously approved by the Food and Drug Administration (FDA) have been later recalled due to defects that were not immediately apparent, such as hip replacement devices, intravenous blood filters, vaccines, stents, defibrillators, and more. When a patient suffers harm from a defective medical device, their first instinct may be that they should pursue a medical malpractice claim against the doctor who implemented the device while treating them. However, it is more likely that they will have grounds for legal action against the manufacturer of the device.

Ultimately, it is possible for any patient injured by a defective medical device to have grounds for legal recourse against one or more parties in response to the injury they suffered. They could file a product liability claim against any party in the supply chain of the product if it is indeed defective, or they may have grounds to pursue a medical malpractice claim if they were injured by a medical professional who failed to meet the standard of care they required. If you find yourself in such a situation, the team at Goethel Engelhardt, PLLC, can provide the comprehensive and compassionate legal counsel you need on your side to recover as fully as possible.

Filing a Product Liability Suit in Ann Arbor

A product liability claim is a type of personal injury case filed against a product manufacturer in response to harm done by a dangerous product. When it comes to medical devices, this type of product liability case can be especially complex and potentially involve many victims harmed in similar ways.

Your Ann Arbor defective medical device attorney will need to help prove that the injury resulted from the defective product or inherently dangerous nature. It’s possible for a medical device to be defective by design, meaning that every device made with the same design shares the same defect. It’s also possible for only certain units or production lots to have the same defect if it was introduced in the manufacturing process. While it is also possible for a product liability claim to pertain to failure to provide instructions for use and/or safety indicators, these are rare when it comes to medical devices due to the strict regulatory requirements imposed on most medical devices.

Building a Medical Malpractice Claim

If you were harmed because a doctor, surgeon, or other medical professional failed to use the device properly, failed to implant it properly, or were otherwise negligent in administering care, this could form the foundation of a medical malpractice case. Every medical malpractice case filed requires careful examination of the standard of care that applied to the situation. If the defendant violated the standard of care, the situation qualifies as malpractice.

Michigan law requires a plaintiff in a medical malpractice suit to obtain an affidavit of merit from a medical professional who holds the same board certifications as the defendant. This affidavit must clearly explain how the defendant failed to meet the standard of care that the plaintiff required in the situation. The plaintiff must send this affidavit along with a Notice of Intent to File Suit to the defendant at least 182 days prior to the filing of their complaint with the court.

Goethel Engelhardt, PLLC, has years of experience helping clients in Ann Arbor and surrounding communities with all types of civil claims, including those pertaining to injuries from defective medical devices. Whether you face a product liability suit or are prepared to file a medical malpractice claim, having legal counsel you can trust on your side will make every aspect of your case easier to handle and more likely to yield the results you hope to see.

Compensation for a Medical Device Injury in Ann Arbor

Michigan enforces similar rules concerning compensation for product liability claims and medical malpractice cases. Essentially, the plaintiff may not face any restrictions when it comes to claimable economic losses, meaning they will be able to fully recover compensation for any direct financial damages they suffered from the incident. However, their non-economic damages are limited. This may seem unfair if a plaintiff has been permanently disabled by an injury from a defective medical device, but a good attorney can still help their client recover as much as state law allows.

Your case award from a successful claim can yield compensation for any corrective medical treatment you needed to heal from your injury, compensation for the income you were unable to earn in the aftermath of the incident, and compensation for future economic losses directly related to your injury, such as future rehabilitative treatment and lost earning capacity when you cannot return to work. When it comes to your pain and suffering compensation, an Ann Arbor defective medical device attorney can help make the strongest possible argument for maximum compensation, enhancing your case award as much as the law allows.

Goethel Engelhardt, PLLC, has years of experience helping our clients navigate the toughest medical error and medical malpractice claims, and we also know how damaging an injury from a defective medical device can be. You face various statutory limitations in this type of case and need legal counsel you can trust to maximize your final recovery. The sooner you reach out to our team, the more time we have to build the strongest case possible for you.

FAQs

Q: Who Is Liable for a Defective Medical Device?

A: When you have been injured by any defective medical device, it is possible for liability for your injury to fall to one or more parties involved with the supply chain of the device. This may include the manufacturer, the entity responsible for assembly, a distributor, or any combination thereof. If a doctor misused a medical device and injured you, this can form the basis of a medical malpractice case.

Q: What Happens When a Medical Device Fails?

A: If a specific medical device is shown to be defective or has an excessively high failure rate that affects multiple victims, the FDA may issue a recall, requiring the manufacturer to recover any affected devices that carry the same risk. Depending on the nature and cause of the failure, the manufacturer and/or other entities in the supply chain of the product could face liability for victims’ damages.

Q: What Federal Agency Handles Defective Medical Devices in the United States?

A: The FDA is responsible for oversight of all medical devices used in the US healthcare system. Devices must be approved for use and determined to be safe and effective to obtain FDA approval. However, the FDA has had to issue recalls and revoke its approval for many medical devices in the past after previously approving them. Some defects, side effects, and dangerous aspects of certain products may not be immediately apparent.

Q: How Much Can I Claim for a Defective Medical Device Injury in Ann Arbor?

A: If you can prove that your injury was directly caused by a defective medical device, a product liability suit could enable you to recover full compensation for any direct financial losses you suffered from the injury, as well as limited recovery for your pain and suffering. The exact value of a defective medical device claim can fluctuate based on multiple variables, and it’s vital to have experienced legal counsel on your side to maximize your recovery.

Q: What Does It Cost to Hire an Ann Arbor Defective Medical Device Attorney?

A: Goethel Engelhardt, PLLC, can provide the legal representation you need for a defective medical device case without adding to the serious financial issues you are already facing. Most attorneys accept medical malpractice cases and other personal injury claims on a contingency fee basis, meaning the attorney only takes a fee if and when they win their client’s case. Additionally, their fee is a percentage of the total compensation recovered for the client, so there is no risk of paying more for your legal counsel than you win in compensation for your damages.

It is possible for any defective medical device to cause tremendous harm, and sometimes, the effects of these devices go unnoticed for long periods of time. If you believe you or a family member suffered harm from a defective medical device of any kind, or if you think a medical professional failed to implement a medical device and consequently harmed you, you likely have grounds for legal recourse. Contact Goethel Engelhardt, PLLC, today to schedule a free consult with an Ann Arbor defective medical device attorney to learn more about the legal services we offer in this difficult situation.