Filing a Lawsuit Against a Medical Device Manufacturer: 7 Tips

The use of medical devices has become an integral part of modern healthcare. These devices provide patients with innovative solutions to various health issues. 

According to Fortune Business Insights, the global medical devices market, given its popularity, is valued at $512.29 billion as of 2022. However, when these devices fail or cause harm, the consequences can be severe. Such cases of failure often prompt individuals to seek legal recourse against the manufacturers.

As reported by the Financial Times, Dutch health technology company Philips faced several class-action lawsuits and personal injury claims. The use of faulty components and the presence of toxic chemicals in their devices are what led to these lawsuits and claims.

Of course, filing a lawsuit against a medical device manufacturer is a complex and challenging process that requires careful consideration and strategic planning. If you’re looking to take legal action against a medical device manufacturer, here are a few tips that can help you navigate the process. 

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#1 Consult with a Knowledgeable Attorney

One of the first and most crucial steps in pursuing a lawsuit against a medical device manufacturer is to consult with an experienced lawyer. More specifically, you should be working with a lawyer who specializes in product liability and medical malpractice. 

These legal professionals possess the expertise needed to navigate the intricate web of laws and regulations governing medical device litigation. They can do everything from assessing the strength of your case to guiding you through the entire legal process. The right lawyers can also help you get a decent settlement amount for your losses, as is happening in the port catheter lawsuit

The Bard PowerPort catheter device is used by doctors for vascular access and medicine delivery. However, manufacturers of the Bard Powerport devices are facing lawsuits right now. There are concerns about patients facing serious health complications, including blood clots caused by catheter failure. Thus, according to TorHoerman Law, the Bard Powerport lawsuit was filed. 

The power port attorneys expect that potential settlement amounts in this lawsuit could range between $10,000 and over $100,000. This has been made possible only because the right group of lawyers has been working behind the scenes on this case. 

 

#2 Gather Comprehensive Medical Records

Accurate and comprehensive medical records are the foundation of any successful medical device lawsuit. Gathering medical documentation, like treatment records, is essential to establishing a clear connection between the use of the medical device and the harm suffered. These records will serve as crucial evidence in court, demonstrating the impact of the faulty device on your health and well-being.

In addition to medical records, it is also important to document any communication with healthcare professionals regarding the adverse effects of the medical device. This may include emails, notes, or any written correspondence that highlights the concerns raised by you or your healthcare providers.

 

#3 Identify and Preserve Evidence

Preserving evidence is a critical aspect of building a strong case against a medical device manufacturer. This involves identifying and safeguarding all relevant evidence that can support your claims. Such evidence may include the defective device itself, photographs or videos of the device, packaging, and any accompanying instructions or warnings.

Moreover, it is crucial to collect information about the manufacturing process, quality control measures, and any known issues associated with the specific medical device. This information can help establish the manufacturer’s negligence or failure to warn consumers adequately about potential risks.

 

#4 Establish Causation and Negligence

To succeed in a lawsuit against a medical device manufacturer, you must establish causation and prove that the manufacturer’s negligence directly caused your injuries. This requires a thorough investigation into the design, manufacturing, and marketing processes of the medical device in question. Your lawyer will need to demonstrate that a defect in the device existed and that this defect was a direct cause of your injuries.

Proving negligence may involve examining whether the manufacturer failed to conduct adequate safety testing or neglected to provide sufficient warnings about potential risks. Your attorney will work closely with expert witnesses, like medical professionals and engineers, to strengthen your case. These professionals can provide credible opinions on the connection between the device and your injuries.

 

#5 Understand Statutes of Limitations

Every legal action is subject to statutes of limitations, which dictate the timeframe within which a lawsuit must be filed. Medical device lawsuits are no exception, and the specific timeframe can vary depending on the jurisdiction and the nature of the claim. It is crucial to be aware of these limitations and initiate legal proceedings within the prescribed time frame. This is to avoid the risk of your case being dismissed on procedural grounds.

Consulting with an attorney early in the process is vital to understanding the applicable statutes of limitations in your case. Failing to file within the specified timeframe may result in the forfeiture of your right to seek compensation.

 

#6 Consider Joining a Class Action Lawsuit

Individuals who have suffered harm from the same medical device may join forces and file a class action lawsuit against the manufacturer. Class actions allow multiple plaintiffs with similar claims to consolidate their cases, streamlining the legal process and increasing collective bargaining power.

Before deciding to join a class action lawsuit, it is crucial to weigh the advantages and disadvantages. While class actions can be more cost-effective and efficient, they may also result in lower individual compensation and limited control over the litigation process. Consulting with your attorney will help you make an informed decision based on the specific circumstances of your case.

 

#7 Be Prepared for a Lengthy and Complex Legal Process

Filing a lawsuit against a medical device manufacturer is not a quick or simple process. Legal proceedings can be lengthy, involving pre-trial discovery, expert witness testimony, and potentially complex negotiations. Being mentally prepared for the challenges ahead is crucial for maintaining resilience throughout the legal process.

Moreover, understanding that settlements and court decisions can take time is essential. According to Forbes, complicated cases can take years to resolve. Thus, there’s no way to estimate exactly how long the legal process might take. Having realistic expectations about the timeline will help you navigate the process with a clearer perspective.

In summary, filing a lawsuit against a medical device manufacturer is a complex undertaking that requires careful planning, legal expertise, and perseverance. However, with the right approach, such lawsuits shouldn’t be too difficult for you to handle as long as you have the right legal support. 

By sticking to the tips above, you can enhance your chances of obtaining justice and compensation for the harm caused by a medical device.