If you need a medical device such as a hip implant device, pacemaker, or CPAP machine, you are likely trusting that it will work as intended. Unfortunately for many, these types of medical devices can come with defects that can make issues worse.
You may have the right to legal recourse if one of these faulty products has caused you harm. Ideally, you should consult a trusted personal injury attorney to find out if you have a valid product liability case.
What Is Product Liability?
Product liability is the responsibility of the designer or manufacturer of products that cause injuries or even death to those who use them. These can include design flaws, marketing, or even defects in the product.
Cases involving product liability are among the most complex, and when they involve medical devices, things become additionally complicated.
Common Types of Medical Products That Have Defects
Medical devices are used for a variety of purposes in treating patients. These can be any instrument or type of equipment that is used to help patients in surgery or assistive ways.
In the last 50 years, there have been more issues with a variety of medical devices because they contain defective parts. These parts can lead to painful injuries, often leaving permanent impacts behind for the victims. Pacemakers, defibrillators, hip implants, stents, insulin pumps, birth control devices, CPAP machines, IVC blood clot filters, and more have all been recalled at times after causing injuries.
Federal Responsibility for Medical Devices
Before understanding Wisconsin’s laws, it is important to know that the Food and Drug Administration (FDA) is responsible for the regulation of all medical devices. Regulations at the federal level are set to provide consistency in protecting the public from devices that could be potentially dangerous.
Sadly, many victims are injured by defective medical devices before these products can be recalled on a nationwide scale. When a medical device is deemed defective, the FDA can issue a recall.
Product Liability for Defective Medical Devices in Wisconsin
Wisconsin law allows you to file a lawsuit if you or a loved one suffered injuries from a defective or dangerous medical device. These claims can be sought as strict liability, negligence, or a breach of warranty.
Strict Liability
When there is a defect in manufacturing, design, or inadequate instructions or warnings, you may have a product liability case. The most difficult task is determining where the defect came about. Products that have manufacturing defects make them different from their intended design, and liability can be pursued even in cases where all reasonable care has been implemented to prevent these issues.
Additionally, defects in medical devices may occur if the potential for harm could have been reduced or prevented by using a reasonable alternative design. Regardless, if you have been harmed by a defective medical device, you as the plaintiff in the case will have the burden of proof.
You must show that the defective condition caused the product to become unreasonably dangerous. You must also show that this defective medical device existed at the time the product left the manufacturer, and then reached you without change in the condition that it was sold. The final metric involves proving that the defect in the medical device that you used or that the medical staff used to treat you caused your injuries and damages.
Just as it sounds, this can be a very intricate burden of proof, and it is best to consult an attorney. Even though the manufacturer faces strict liability, you must be able to prove all of these metrics to have a chance at a successful case.
Negligence
Negligence is a factor when the manufacturer, retailer, distributor, or even wholesaler falls below the standard of care. Design, construction, inspection, and warning about medical products and their uses must be upheld. Failing to do so creates an issue with liability for these parties.
Breach of Warranty
Warranties on these medical devices may also arise when these products fail. However, warranty claims are more subject to defenses that include privity, notice, and limits on recoverable damages.
Compensation for Defective Medical Devices
If you were hurt by a defective medical device, you may have a valid personal injury claim. Talking to an attorney can help you learn more about your legal options and calculate the full extent of your damages.
You may be able to recover your medical expenses and future medical costs. Additionally, these lawsuits may also allow for the recovery of your lost wages, lost earning capacity, emotional distress, disfigurement, pain and suffering, and loss of enjoyment of life.
Steps to Take After Suffering Injuries from Defective Medical Devices in Wisconsin
A defective medical device can cause serious injuries that may have a permanent effect on your life. If the device you are using causes you harm, make sure you get immediate medical care. Even if the injuries you sustain do not seem major, it is best to have medical professionals assess the extent of your injuries.
Medical devices that you are using should be preserved intact along with any packaging or instructions that came with them. Make sure you also document what happened by detailing the events that led up to your injuries. If a doctor witnessed these injuries, they would be an instrumental person in your case.
Keep all records of your medical treatments and expenses that are related to this injury. These medical records can help prove that the injuries you’ve sustained came from the defective medical device.
Above all, the most important step when you have been hurt by a defective medical device in Wisconsin is to consult a personal injury attorney. However, the attorney you choose to work with must have experience in representing victims of product liability cases with a specialization in defective medical products. This will ensure that they have a full understanding of the complexities of your case and will work in your best interests.
Disclaimer:
CBD:
Qrius does not provide medical advice.
The Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) outlaws the recreational use of cannabis products in India. CBD oil, manufactured under a license issued by the Drugs and Cosmetics Act, 1940, can be legally used in India for medicinal purposes only with a prescription, subject to specific conditions. Kindly refer to the legalities here.
The information on this website is for informational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or another qualified health provider with any questions regarding a medical condition or treatment. Never disregard professional medical advice or delay seeking it because of something you have read on this website.
Gambling:
As per the Public Gambling Act of 1867, all Indian states, except Goa, Daman, and Sikkim, prohibit gambling. Land-based casinos are legalized in Goa and Daman under the Goa, Daman and Diu Public Gambling Act 1976. In Sikkim, land-based casinos, online gambling, and e-gaming (games of chance) are legalized under the Sikkim Online Gaming (Regulation) Rules 2009. Only some Indian states have legalized online/regular lotteries, subject to state laws. Refer to the legalities here. Horse racing and betting on horse racing, including online betting, is permitted only in licensed premises in select states. Refer to the 1996 Supreme Court judgment for more information.
This article does not endorse or express the views of Qrius and/or its staff.
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