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What are some concerns with product liability cases?

On Behalf of | Nov 29, 2017 | defective medical devices, Firm News |

Product liability cases are the result of defective medical devices that either injure or cause illness to patients. Defective medical devices are more common than people think. A patient’s condition can become a million times worse if affected by a defective medical device. So, what are some concerns with product liability cases in Kingsport?

If you’ve been injured by a defective medical device, you will want to ensure that a claim is filed as soon as possible. The biggest concern here is that you will miss the statute of limitations. Since injuries caused by defective medical devices might not show right away, you typically have a little bit more time to file a lawsuit compared to other types of issues.

Another concern surrounding defective medical devices is whether to file a product liability or medical malpractice lawsuit. Product liability is the most common lawsuit that comes from a defective medical device, but medical malpractice is not out of the question. If no warnings were given about the device and the plaintiff was injured, it’s possible medical malpractice could be involved, especially if the doctor who prescribed the device received a warning from the manufacturer about the device.

It’s best to check the way the Food and Drug Administration (FDA) regulates these devices before filing a lawsuit. Lack of compliance with the FDA guidelines by a manufacturer can help your case immensely.

Have you been injured by a defective medical device in Tennessee? An experienced attorney can advise you of your rights and help you recover compensation for the injuries suffered.

Source: Findlaw, “Medical Product and Device Defects,” accessed Nov. 29, 2017