If you or a loved one were hurt because of a defective medical device, you may be entitled to financial compensation. An experienced Boca Raton medical device liability lawyer at Hollander Law Firm will seek fair compensation from all responsible parties.
Are you ready to learn more? Contact our law office in Boca Raton online today, or call (561) 347-7770 to learn more about the potential benefits of filing a product liability lawsuit. As always, your first consultation is free.
How Can a Boca Raton Personal Injury Attorney Help With My Medical Device Liability Claim?
Medical devices are supposed to improve your quality of life. Unfortunately, some of these devices are simply dangerous. Others are recommended when they could do the patient more harm than good. The parties responsible should be held liable for their actions.
Companies that manufacture medical devices know that the stakes are high when someone gets hurt. They’ll hire teams of defense lawyers to protect their reputation. They might even join forces with the doctors and hospitals that recommend their products.
These companies have seemingly endless resources. They’ll fight to defeat your claim in any way possible. If you try to handle your case alone, you might end up with less than you deserve–or nothing at all. You can greatly increase your chances of success when you hire an experienced personal injury lawyer in Boca Raton.
When you trust Hollander Law Firm, P.A., we will:
- Investigate to see whether anyone else has been harmed by the device
- Obtain and analyze all safety and testing reports related to the product
- Find out whether the manufacturing company reported any negative results to the FDA
- Find proof to show that the defect in the medical device caused your injury
- Consult with experts as we investigate, build your case and establish the fair value of your injury claim
Our lawyers will work closely with you and your medical team to prove the medical device caused you to suffer. If you aren’t happy with the insurance company’s settlement offer, we’ll take your case to trial. Medical device companies know this–and will be more likely to negotiate in good faith to avoid the publicity of a messy trial.
Our primary goal is to get justice for our injured clients. With over 28 years of experience and a proven track record of success, you can trust our skilled medical device lawyers to fight for the maximum compensation you deserve. Ready to learn more? Just call our law offices for a free consultation today.
What is Medical Product Liability?
Medical product liability happens when a person is injured from a medical product or drug without receiving adequate warnings about the product’s potential side effects. Many drugs can have harmful side effects and without being given all the information about the drug, a patient cannot make an informed decision about their medical care.
If you were injured by a medical product or drug and did not receive the information to make an informed decision about your health, you might be eligible for compensation in a medical product liability claim.
Manufacturers of Dangerous Medical Devices Can Be Strictly Liable For Your Injuries
Manufacturers are required to test products to make sure that they’re reasonably safe for consumers. They’re required to gather data and thoroughly test the product before it’s released for general use. If someone is hurt because they cut corners, they can be forced to pay compensation to the victims.
The same rules apply to companies that make medical devices. Under product liability laws, the manufacturer is strictly liable for your injuries once we establish liability. That means you don’t have to prove that the company was negligent to recover damages.
There are three primary ways that manufacturers can be held liable under Florida product liability laws. They include:
A medical device is defective if it’s dangerous because of the way it’s designed. Products with design defects are hazardous by nature. To prove liability, we’ll work to show that there was a safer way to design the product–and that it would have been reasonable for the manufacturing company to adopt that safer design.
A medical device can still be defective even if it’s properly designed. Errors in the manufacturing process can make a device dangerous. Using the wrong materials, forgetting a component, or assembling the product incorrectly are all examples of things that can go wrong in the manufacturing process.
Companies that make products have to disclose any known risks associated with using the product. Failure to warn of known dangers can give you the right to sue for compensation. Companies are also responsible for dangers that they reasonably should have known about.
There are always risks in medicine. However, companies that make medical devices have a duty to make their products as safe as possible. When they fail, they can be held liable.
We know that the prospect of facing off against a large manufacturing company can be overwhelming. Call our law firm today to learn more about our practice areas and how we can help with your case.
Holding Doctors Accountable For Use of Dangerous Medical Devices
Doctors and hospitals can sometimes be held liable for using defective medical devices. While some devices are dangerous for everyone, others might only hurt a patient with a specific history or condition. If your doctor made a mistake in recommending use of the device, they can be held responsible for your damages.
Our experienced Boca Raton medical malpractice lawyers at Hollander Law Firm, P.A. can help you navigate the complexities that apply in Florida medical malpractice cases.
Our Lawyers Handle All Defective Medical Device Cases in Boca Raton, Florida
We represent clients who have been harmed by all types of dangerous medical devices, including:
- Hernia mesh
- Hip implants
- IVC filters
- Transvaginal mesh
- Heart valves
- Breast implants
- And more
Your first consultation with our personal injury attorneys in Boca Raton is always free. Don’t hesitate to give us a call if you suspect you were hurt because of a dangerous medical device.
How Do Defective Medical Devices Get to Consumers?
The FDA process for clearing medications and medical devices is rigorous. However, there are always exceptions. Large corporations look to exploit these exceptions to increase their profit margin.
One of these loopholes is known as the 510(k) clearance process. Companies that qualify don’t have to conduct the extensive clinical trials and testing that would otherwise be required.
These companies just have to show that:
- The FDA has already approved a device that is similar to theirs
- Their device is at least as safe as the device that was approved in the past
This is problematic because the FDA testing requirements were put into place only recently. If a company can compare their device to a product that’s been on the market for decades, they can skip the testing that could identify serious dangers. Those dangers only become apparent once someone gets hurt.
Statute of Limitations for Filing a Medical Device Liability Lawsuit in Florida
Like all other states, Florida limits the amount of time you have to file a medical device liability lawsuit. Under the statute of limitations, you have four years to file a product liability lawsuit.
If your case is founded on medical malpractice, you have two years from the date you reasonably should have known you were hurt because of the device.
Injury claims based on product defects can be extremely complex. It can take a long time to conduct an investigation and get the solid evidence needed to back your claim. Our product liability lawyers are ready to get started as soon as possible. Just give us a call so that we can sit down and learn more about what happened.
What Types of Damages Are Available to Victims of Defective Medical Devices in Boca Raton?
Medical devices can generate huge profits for corporations. The companies that make these products want to get them to patients as quickly as possible. Unfortunately, hastily designed or manufactured medical devices can cause more harm than good.
Rushed development and testing of a medical device can cause serious harm. You could be facing a need for additional surgeries and invasive, ongoing treatment. You deserve to be fairly compensated for your suffering.
At Hollander Law Firm, P.a., we’ll fight to recover compensation for:
- Your past medical bills
- Lost wages
- Future medical expenses
- Lost future earning capacity
- Surgeries and hospitalization
- Medications and additional medical devices
- Long-term care
- Pain and suffering
- Emotional distress
- Diminished quality of life
- Damages for wrongful death
If we can prove that the company knew about the danger and sold the device anyway, you might even be entitled to punitive damages. These are damages designed solely to punish the company that made the product.
Our lawyers will aggressively pursue your right to full compensation if you were hurt by a dangerous product or defective drugs. Get the help you need by calling our offices today. We return calls and text messages promptly.
Schedule a Free Consultation With an Experienced Boca Raton Medical Device Liability Lawyer Today
Our attorneys at Hollander Law Firm, P.A. can help you stand up to the manufacturers of dangerous medical devices. If you’re struggling with the consequences of a defective device, call an experienced Boca Raton medical device liability lawyer today.
Lawyer directories can be misleading. Feel free to call today for experienced help you can trust. We serve clients in Boca Raton, Pompano Beach, and across South Florida.