Medication Errors Can Cause Medical Device Litigation
Most Americans are aware that most of the lawsuits filed for medical device malfunctions result from a defective device or an unsafe procedure, but the numbers have also been growing in recent years. Manufacturers and medical practitioners may have been motivated to design safer and more durable medical products to address the needs of their patients, but lawsuits against companies are now routinely filed when something goes wrong with a product.
Because of the unexpected health hazards associated with defective medical devices, most plaintiffs’ lawyers are able to get their clients significant monetary damages. However, plaintiffs’ lawyers need to be aware that many medical device lawsuits fail because they fail to properly understand the complexities involved in medical malpractice litigation. In some cases, plaintiffs’ lawyers find that plaintiffs are actually too sophisticated to understand and accurately represent their medical claims. In these cases, plaintiffs’ lawyers are usually unsuccessful. Many attorneys in these types of cases fail to communicate the complexity of the medical device litigation process.
As a result of the complications involved in medical device cases, many of them end up being settled out of court, without ever going to trial. Because of this, the outcome of a medical device lawsuit is often uncertain; the only certainty is that most plaintiffs’ lawyers end up losing.
Medical device lawsuits are complex and highly technical and many of the issues are not fully understood by the plaintiff’s lawyer. As a result, the plaintiff’s attorney may be unfamiliar with the facts underlying his or her case and this can lead to significant errors in the presentation of the case. In some cases, the plaintiff’s attorney may even be unfamiliar with the specifics of the medical procedure or the specific regulations that govern the device in question. While this is understandable in some cases, medical device lawsuits can also have the effect of unnecessarily prolonging litigation proceedings, which can result in the granting of an unfair verdict or an outcome in which the plaintiff receives very little or no compensation.
Medical device lawsuits can also be extremely expensive, and this fact can further complicate the legal process. The cost of medical device litigation is usually borne by the defendant (manufacturer) itself, and the plaintiff (claimantigens) is not always adequately compensated for his or her expenses while the case is on appeal.
Although medical device lawsuits can be complex, it is possible to resolve the case without hiring a lawyer and still receive substantial compensation. Although these lawsuits are costly and time-consuming, it is also important to note that many of them result in settlement agreements that are relatively small, and may be paid out-of-court. For example, if the plaintiff wins a lawsuit against a hospital or doctor who has negligently operated equipment, he or she may be able to receive a small percentage of the hospital’s profits. However, if the case goes to trial, the plaintiff may not receive anything at all.
In addition to being difficult to understand, medical device lawsuits can also be challenging to win. For one thing, plaintiffs are usually seeking compensation for their medical expenses, not lost wages or medical bills, but they have to prove that the equipment was defective. This is where expert testimony can come in handy. There are a number of different opinions that can be offered by medical experts, but it is vital that plaintiffs’ medical experts fully understand the details of the medical device before making an opinion about whether a particular device is defective or whether or not the patient should receive compensation.
Unfortunately, many plaintiffs’ lawyers are not sufficiently knowledgeable about the intricacies of medical device litigation to offer expert medical opinions and as a result, medical experts fail to accurately predict which medical device is defective and whether or not it should be covered under a lawsuit settlement. As a result, some plaintiffs are denied the maximum monetary compensation that is necessary to pay their bills and replace lost wages. If you or someone you know is facing a medical device lawsuit, it is imperative that you retain an attorney or medical expert to make sure that you get the maximum amount of compensation possible, and that you do not lose any money because of a faulty medical device.
