Medical devices should assist individuals with living better lives, but what happens when they cause further injury or impairment? In such instances, it may be possible to file a defective medical device claim.
If you or a loved one faces injuries due to a defective medical device, you deserve just compensation. Make sure that you build the best case possible by understanding a few key factors in any defective medical device claim.
Some cases teeter the line between a defective medical device case and a medical malpractice case. It is critical that you know the difference so you may properly classify your claim. In short, a defective medical device is a device with a design or manufacturing defect. If a device does not denote proper warnings about side effects or risks, it may receive a defective classification as well. On the other hand, if the injury is due to the improper use or placement of the device, it may be a medical malpractice case.
The FDA regulates medical device safety. The organization provides standards and procedures with which companies must comply. If a party can show that a manufacturer did not follow the FDA guidelines and stipulations, it may greatly benefit the case. However, even if a company does abide by the FDA’s rules, it does not get them completely off the hook either. Working with a knowledgeable attorney may help you in building a solid case no matter where the manufacturer or seller stands.
Statute of limitations
As with a regular personal injury case, individuals must file their claims within a set time limit according to the state’s statute of limitations. However, considering that individuals may not be aware of the injury right away, Tennessee applies the discovery rule, which generally states that the time limit does not begin until the individual becomes aware of the injury or illness.
These are just a few of the key factors in a defective medical device claim. If you are considering such a case, take some time to fully understand the process and determine the best route for you.