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Different Types of Defective Products Claims

On Behalf of | Apr 1, 2019 | Legal Resources

Suffering avoidable injuries as a result of a defective medical product is a dreaded result of a medical procedure that can cause immeasurable mental or physical harm to the victim. Here, the medical product liability attorneys at The Law Offices of Peter Angelos provide an overview of the different types of defective products claims and what victims should know concerning their rights.

What Encompasses a Medical Device?

Many medical procedures occur each year where a patient must be treated using a medical device in order to improve their health or recover from injury. However, instances can occur where a faulty medical device causes more harm to the individual than benefit, and injuries sustained from these occurrences can be grounds for a liability claim. A medical device can be any device used by a medical practitioner to treat a disease, condition, injury or disability and can include defibrillators, stents, contraceptive devices, implants and more.

What Types of Defective Products Claims Involve Medical Devices?

There are three different types of defective products claims: defectively manufactured medical devices, defectively designed medical products and defectively marketed devices. Defectively manufactured medical devices are products that were damaged or improperly manufactured, and the cause of the damage can be a mistake made during shipping, manufacture or transportation in a hospital or doctor’s office. Medical devices with a defective design are defined as devices that were properly manufactured but have a dangerous design that could potentially cause harm. Defectively marketed medical devices include the failure of the manufacturing company to provide warnings about the potential danger posed by the medical device in question in their marketing or promotion of the product.

Who May be Involved in a Defective Product Lawsuit?

When filing a defective products claim, there are several defendants that can be involved. The manufacturer, testing laboratory, medical sales representative, doctor, hospital and retail supplier may all be involved in a defective product lawsuit, as the product’s defect could be a result of any one or all of these potential defendants. In addition, while a defect may have occurred during manufacture, other entities such as the testing laboratory or the medical sales representative may have known about the defect but failed to give proper warning to the preceding medical staff or patient. Ultimately, when filing a defective product lawsuit, it is imperative to include any and all potential suspects in the chain of distribution.

Speak to a Medical Product Liability Attorney at The Law Offices of Peter Angelos

If you are injured as a result of a defective medical product that was supposed to increase your quality of life, you deserve compensation for the injuries sustained due to another’s negligence. The medical product liability attorneys at The Law Offices of Peter Angelos have extensive experience representing victims of faulty medical devices and can provide legal assistance to those who have been affected by faulty medical products. For more information on how the medical product liability attorneys at The Law Offices of Peter Angelos can provide you legal counsel, contact one of our several national office locations today.