How to Decide Whether to File a Defective Medical Device Lawsuit

You have suffered a serious injury from a defective medical device and you are wondering whether it makes sense to sue the manufacturer. This is an important decision, but it is one that you might need some additional information and input from a skilled attorney to answer it.

How do you know if you have a valid case?

To thoroughly answer this question, you will have to consult with your defective medical device attorney. This is where their years of experience seeking justice for other injured clients before you will come into play. They can review the facts of your case and decide if it is worth pursuing from a legal and financial perspective. Your lawyer will make sure that you are within the statute of limitations and that you have sufficient evidence to prove your case, and compare your case to other similar cases to estimate how much compensation you might be able to recover. A good product liability lawyer will analyze your case from the defendant’s perspective and explore the possible counterclaims they could come up with.

What would I need to prove to win a products liability case?

A defective medical device case is really a product liability lawsuit. To prevail, you must be able to prove the following elements:

• You sustained an injury
• The product you used was defective (either in the design, manufacture or marketing)
• Your injuries were caused by the product’s defect; and
• You were using the product as intended at the time of your injury.

Who might be liable for my injuries from a defective medical device?

In defective product cases, you would begin with the manufacturer of the defective medical device that caused your injury, but you may also be able to hold every entity along what is called the chain of commerce liable for your injuries as well including the suppliers, distributors wholesalers and retailers that were connected to the development, creation and sale of the defective product.

What are the potential outcomes of a products liability lawsuit?

You must put any ideas you might have gained from watching courtroom dramas on television. A trial can take a lot of time and effort, much of it will be boring and time consuming and frustrating. You will likely see less than appealing aspects of human nature on display during the trial, and after all the planning, preparation, time and energy invested, the jury might not rule in your favor and you will not end up any better than when you began.

However, you could also win your case. With a skilled products liability lawyer who has presented a compelling case with strong evidence and arguments, you could prevail and feel vindicated for taking the time and effort to take the case to trial.

There are a lot of elements that go into the choice of whether to pursue a settlement or take a case to trial. Your attorney from McGowan, Hood, Felder & Phillips will answer your questions and help you make a smart decision.

At McGowan, Hood, Felder & Phillips, LLC, our trusted defective medical device lawyers focus on protecting your right to recover compensation when a defective product has caused you harm. You may call us today at 803-327-7800 or complete our contact form now to schedule a consultation to discuss your case.