Receiving aid from a medical device can be a daunting but worthwhile venture. It can feel scary deciding to get help from a medical device, but it is often a necessary step to take in your health journey. Many wonderful strides have been made in medical technology, and millions of people worldwide are helped and saved every day by the newest medical device.
However, when you are given a defective medical device, either due to the recklessness of a doctor or the manufacturer’s negligence, it can have severe consequences on the future of your health. With a defective medical device, you may suffer from permanent side effects. Sweeney Merrigan Personal Injury Lawyers is here to help you recover the compensation you need for your trauma and get you a head start on the future you deserve. To see how we can best help your case and get you started on the right legal path today, please give one of our Massachusetts defective medical device attorneys a call at 774-341-5778 or use our contact form.
Who Is Liable for Your Massachusetts Defective Medical Device?
Liability is established through identifying the negligent party and their actions. In the case of a defective medical device, negligence may not need to be demonstrated or proven, given the manufacturer is at fault. Either way, your Massachusetts defective medical device lawyer will investigate the circumstances surrounding your specific case and determine whether your injuries were caused due to the reckless of the following:
Medical Staff
When receiving assistance from a medical device, it is within the scope of the medical staff to use the correct products and install everything correctly. For example, if you are receiving a pacemaker, it is up to your doctor and the medical staff to ensure it runs properly and that everything is placed and operated on correctly before releasing you from the hospital.
Using the wrong equipment or conducting surgery on the incorrect part of your body can result in catastrophic health results. You trust your doctor for their medical expertise and expect a certain level of care and competence before going into a major surgery involving a medical device. When that trust is broken and results in your injury, they may be found liable for your suffering.
Product Liability
When the fault lies within the make and manufacturing of the product, negligence does not necessarily have to be proven. A product that does not do what it is intended to do or that directly causes the user harm is immediately negligent and leaves the manufacturer liable for your injuries. Common examples of medical devices that can be negatively affected by a manufacturer error include:
- Pacemaker
- Heart valve
- Joint replacement
- Prosthetic devices
- Heart stent
- Inhalers
- Ventilators
If a medical device that you have been recently operated on with or currently use has been recalled, it’s imperative you reach out to a Massachusetts defective medical device lawyer and your medical provider as soon as possible. If your device has not been recalled but is still causing you health problems, it is still eligible for product liability.
How Sweeney Merrigan Personal Injury Lawyers Can Help
A defunct or defective medical device can cause long-lasting effects in your life and is a very serious matter. When receiving justice and financial compensation for your troubles and injuries, they deserve to be handled by a compassionate and knowledgeable Massachusetts defective medical device lawyer. Sweeney Merrigan Personal Injury Lawyers will bring their extensive experience in product liability claims to the table, getting to work building your case immediately. While you rest and recover, our team will get to work on the following:
- Gathering evidence: To establish negligence and demonstrate the medical device has directly caused your injuries, our team will collect time-sensitive evidence, including photographs, expert testimony, medical records, and more.
- Filing claim: We will take care of every aspect of filing the claim, including the correct paperwork and ensuring everything is filed on time.
- Fighting for higher settlement: When you file on your own behalf, you are likely looking at a low settlement from the insurance company and nothing more. We will fight tooth and nail to get you compensation for your injuries and the suffering you endured.
Additionally, we ensure you adhere to all Massachusetts’ state laws and requirements, including the statute of limitations. For personal injury claims, you have three years from the date of injury. When dealing with a defective medical device, determining an exact date can be tricky. Side effects can sometimes take months, or even years, to present themself. Your attorney will help establish a reasonable date of cause and file accordingly.
Speak With a Lawyer About Your Defective Medical Device Accident Today
Get the process started today by calling Sweeney Merrigan Personal Injury Lawyers. We will listen with open ears and then get to work fighting for the damages you need to start fresh. We know the physical and emotional trauma a defunct medical device can have on your body and are here to relieve some of that. Rest assured that you are in good hands when you partner with our team of award-winning attorneys, like co-managing partner and Super Lawyer J. Tucker Merrigan.
To see how we can best help you and determine your best legal options, please fill out a contact form or give our Massachusetts defective medical device lawyers a call at 774-341-5778.
