Grand Rapids Defective Medical Device Attorney

Grand Rapids Defective Medical Device Lawyer

Thousands of people living in the Grand Rapids area trust their doctors, nurses, and other medical providers to treat their illnesses and injuries safely and effectively. In some medical situations, the use of specific medical devices is necessary. Surgical implants, stents, vaccines, defibrillators, hernia mesh, intravenous blood filters, and many other devices have previously been approved by the Food and Drug Administration (FDA), only to later be recalled after being identified as defective and/or unreasonably dangerous.

Experienced Legal Counsel for Defective Medical Device Claims in Grand Rapids, MI

If you or a loved one recently experienced any type of harm from a medical device that you believe to be defective, it’s possible for this to form the foundation of a medical malpractice suit against your doctor or a product liability claim against the manufacturer. Whatever your case may entail, an experienced Grand Rapids defective medical device attorney can be an invaluable source of guidance and support throughout all the recovery efforts you attempt.

Goethel Engelhardt, PLLC, is a team of seasoned attorneys with a long record of successful cases, including many past defective medical device claims. We take time to learn each client’s unique story and provide them with the support and guidance they need to approach these difficult cases with confidence. You face strict time limits and other procedural obligations when it comes to building your case, so it is crucial that you speak with a seasoned attorney as soon as possible after your injury.

Understanding Product Liability Claims in Grand Rapids

The goal of a product liability claim is to hold a product manufacturer and/or other party involved in the supply chain of a product accountable for harm done by a defective or unreasonably dangerous consumer product. When it comes to medical devices, these are some of the most heavily regulated and quality-controlled products in the United States, but this does not mean they are incapable of being defective and causing tremendous harm unexpectedly.

Before the victim of an injury from a defective medical device can recover any compensation for their losses, they must prove how the product is defective. It is possible for a medical device to have a defective design, so all devices share the same risk, or some flaw may have been introduced in the manufacturing process that only affected specific units or lots. It is also possible for a manufacturer to have failed to provide appropriate instructions for use and/or safety warnings, but this is rare when it comes to medical devices due to the strict rules these devices must follow to gain FDA approval.

Once a victim of a defective medical device injury proves that the product is indeed defective in Grand Rapids, MI, their attorney can help them identify the party or parties responsible for their damages. A product liability claim is a type of personal injury case, but Michigan law imposes specific rules that apply to these cases that you must understand.

Medical Malpractice Claims for Defective Medical Devices

It is also possible for your doctor or another medical professional to bear liability for an injury from a defective or unreasonably dangerous medical device. They may also cause harm with a typically safe device if they do not use it or implant it correctly. One of the most common types of medical malpractice cases pertaining to medical devices is informed consent violations.

Informed consent is a critical element of modern medical treatment. Every patient must be clearly advised of the potential risks and benefits of a suggested treatment, including medical devices. This means that if your doctor suggests the use of a specific medical device, they must clearly explain all the potential side effects and risks associated with the product. For example, a doctor may suggest a specific surgical implantation to address a patient’s medical condition, but they fail to notify the patient of the known risks that the product presents. If the patient later suffers harm the doctor knew to be a risk of the product, this could form the foundation of an informed consent violation claim.

Recovering From Your Defective Medical Device Injury

Whether you plan to pursue a product liability claim and/or a medical malpractice suit, you will need an attorney you can trust to help build your case and navigate the complex proceedings ahead of you. The objective of your claim will be for you to prove accountability for the harm you suffered and to recover compensation for all associated damages.

It is possible for the victim of an injury from a defective medical device to recover compensation for the cost of corrective medical treatment they need, compensation for the income they are unable to earn in the aftermath of their injury, and limited compensation for the pain and suffering they experienced. State law, unfortunately, caps pain and suffering compensation in product liability and medical malpractice cases, with a lower cap that pertains to most injuries and an upper cap that applies to severe injuries.

Goethel Engelhardt, PLLC, will work closely with you to identify the nature of the defect that harmed you and identify the party or parties responsible for causing your damages. Throughout the years of our firm’s operation, we have successfully helped many past clients recover from all types of injuries sustained in medical treatment settings, and we know how confusing and complex these situations can be. Our firm will help you meet all the procedural requirements of your case and identify every avenue of compensation available to you to help maximize your recovery. You have a limited time in which to file your case, and the sooner you act, the easier it will be to preserve the evidence you may need to firmly establish liability for your damages.

FAQs

Q: How Can a Medical Device Be Defective?

A: It’s possible for a product to be defective in three possible ways. The first is defective design, meaning the base design for the product has some flaw that is introduced to every unit produced using that design. Second is defective manufacturing, meaning a flaw in the actual production of the product caused the defect, and it may affect specific units or production lots. Third is defective marketing, or failure to include appropriate instructions for use and/or safety indications with a product.

Q: What Agency Is Responsible for the Regulation of Medical Devices in the United States?

A: The FDA is the federal agency responsible for all regulations pertaining to medical devices, medications, and more. It’s possible for a medical device to be discovered to be defective even after obtaining FDA approval. Over the past few decades, the FDA has approved and then later recalled many medical devices that appeared to be safe and effective at first, only to later reveal very dangerous side effects, defects, and other hazards to patients.

Q: How Much Compensation Can I Claim for an Injury From a Defective Medical Device?

A: If you can prove that a specific medical device was defective in some way and the defect caused your injury, you have the right to seek compensation for the resulting damages. However, this recovery will be limited in terms of pain and suffering compensation. While you can claim full repayment of any direct financial losses caused by the defective medical device, you can only claim so much pain and suffering compensation, even if you suffered permanent harm.

Q: How Do I File a Product Liability Claim for a Defective Medical Device in Grand Rapids?

A: You must prove the product is defective and that the defect directly caused your claimed damages. Next, you must identify the party or parties involved in the supply chain of the product to determine the target of your claim. For example, liability could fall to the manufacturer if they produced the product with a defect during the manufacturing process, or liability could fall to your doctor if they failed to warn you about known risks of the product, violating your right to informed consent.

Q: What Will It Cost to Hire a Grand Rapids Defective Medical Device Attorney?

A: Whether you intend to pursue a product liability claim or a medical malpractice suit in response to the harm you suffered, you will need legal counsel you can trust on your side to maximize the results of your case. Goethel Engelhardt, PLLC, can provide the legal counsel you need without adding to your financial worries, thanks to our contingency fee policy. With this billing arrangement, you only pay an attorney’s fee after you win your case, and your fee will be a percentage of the total amount recovered. There is no fee if your attorney is unable to secure compensation for you.

The right Grand Rapids defective medical device attorney is an essential asset, no matter what your case entails. You have a limited time in which to construct your claim, and you must meet various strict procedural requirements to file it successfully. You also need to thoroughly account for all damages you can claim to ensure the maximum possible recovery. Goethel Engelhardt, PLLC, can help you navigate this difficult case with greater confidence, so contact us today and schedule a free consult with a Grand Rapids defective medical device attorney to find out how our team can assist you.