When you visit a healthcare facility for diagnosis or treatment, it’s reasonable to assume all their medical equipment is in good working order. Unfortunately, medical devices are consumer products just like any other, which means defects can occur that lead to malfunctions.
Under certain circumstances, medical device manufacturers are required to issue a recall when their products are defective. In recent years, there has been a gradual increase in the number of medical device recalls in the United States, but for many patients, these recalls were issued too late.
If you suffered an injury, illness, or worsening of your condition due to a defective medical device, contact The Law Office of Richard M. Kenny. We will review the facts of your case to determine if you have grounds for a claim and how best to proceed.
Our attorneys work closely with medical experts in a variety of fields, including medical device manufacturing, which gives us an edge when it comes to representing clients in these cases. Call 212-421-0300 to schedule a free consultation with a product liability attorney in New York City.
Read on to learn the answers to a few questions about product liability claims involving defective medical devices:
- What Kinds of Defects Might Warrant a Product Liability Claim?
Medical devices can develop a defect at any stage of production. Design defects, manufacturing defects, and marketing defects can all warrant product liability claims. Problems that arise during shipping and/or storage can also cause malfunctions that would warrant a claim
- Who Could Be Liable for Damages Caused by a Defective Medical Device?
Determining fault in a product liability claim can be challenging. Since multiple parties could be responsible, it’s essential to perform a thorough investigation.
Potentially at-fault parties include the designer, manufacturer, marketer, and retailer. The medical facility where the device was used or the healthcare provider who treated the patient could also be liable if the defect was the result of improper storage or maintenance.
- What Damages Might Be Recoverable in a Product Liability Claim?
In the state of New York, personal injury claimants may be entitled to compensation for:
- Hospital bills;
- Ongoing medical expenses;
- Lost income;
- Loss of earning capacity;
- Home care;
- Transportation to and from doctor’s appointments;
- Childcare and domestic help;
- Mental anguish;
- Pain and suffering;
- Scarring and disfigurement;
- Loss of enjoyment of life; and
- Loss of consortium.
In certain scenarios, claimants may also be entitled to punitive damages. If the provider tried to destroy critical evidence following the procedure, for example, the court may deem it appropriate to order a punitive award.
Call 212-421-0300 to Speak with a Product Liability Lawyer in New York City
If healthcare providers used a defective medical device when diagnosing or administering treatment to you or a loved one, contact The Law Office of Richard M. Kenny. Our New York City personal injury attorneys have more than 100 combined years of experience practicing law. Call 212-421-0300 or use our Online Contact Form to set up a free case evaluation.