LEGALLY REVIEWED BY
Michael Hersh and Ian Kirtman, Trial Attorneys
February 26, 2024
Attorneys Michael Hersh and Ian Kirtman are experienced personal injury attorneys who have won their clients more than $100 million in verdicts and settlements throughout their 30 years of experience.
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Medical devices are held to the highest standards due to their critical role in patient health and well-being. However, when these devices fail or prove to be defective in Florida, understanding your legal rights and the complexities of product liability law becomes imperative. Florida and federal law mandates stringent safety standards for manufacturers, distributors, and sellers of medical products, aiming to safeguard consumers against potential harm.
Whether liability exists typically depends on whether the product was unreasonably dangerous based on design flaws, manufacturing defects, or failures to warn. Design flaws exist when the design of a product is unreasonably dangerous. Manufacturing defects occur when the specific product involved was manufactured differently than designed and in a manner that caused it to be unreasonably dangerous. Warning issues arise when the manufacturer or distributor fail to adequately warn about dangers inherent in the product. The available claims and who is responsible can present complicated obstacles. The lawyers at Hersh Kirtman Injury Law help navigate you through the legal process of filing a defective medical product claim, in an effort to obtain the justice and compensation you deserve.
What Is a Defective Medical Product?
Medical devices are designed for diagnosing, preventing, and treating various health conditions. However, defects in these products can pose serious risks.
To establish a product liability claim for a medical device, you or your lawyer must generally show that the defect occurred in one of these areas:
- Medical product design: If the design is inherently unsafe or poses unreasonable dangers.
- Device manufacturing: Defects can arise from errors in the manufacturing process, such as human mistakes or equipment malfunctions.
- Product marketing and warnings: The responsibility lies with the manufacturing company’s representatives to accurately market the device, including clear instructions on use, warnings, and potential misuse.
The lawyers at Hersh Kirtman Injury Law will assess your claim and provide you with legal options, including whether there is a viable claim to recover the compensation you deserve for the losses you have suffered.
How to Pursue a Defective Medical Product Claim
To pursue a defective medical product claim, substantial evidence is required to demonstrate your injuries and the manufacturer’s responsibility, either through negligence, strict product liability, or other claims. Additionally, it is essential to show that negligence or dangerousness of the product was a direct cause of your injuries. Establishing product liability is complicated, and often involves expert analysis, evidence of other similar incidents, and analysis of various designs, guards, and warnings.
Evidence of a defective medical product may include the following:
- Medical records: Documenting the injury and its link to the medical device. These records provide details about the treatment received and the extent of the injury.
- Expert testimony: Medical experts can offer insights into how the device failed and the extent of harm caused. They can also address whether the device met industry standards.
- Product documentation: Instruction manuals, warning labels, and marketing materials can show whether the product was adequately explained and if any risks were understated.
- Witness statements: Testimonies from individuals who witnessed the injury or have knowledge about the defective product can bolster the claim.
- Photos and videos: Visual evidence of the defective product and the injuries sustained can be compelling.
- Defect analysis reports: An examination of the product by a professional to identify manufacturing or design defects.
- Recall notices: Information on any recalls or safety alerts issued for the product can indicate known issues.
- Correspondence with the manufacturer or distributor: Any communication regarding the product’s issues or complaints can be used to show the company’s awareness of the defect.
Given that medical device manufacturers often have robust legal defenses, consulting with an experienced product liability attorney is essential. We are committed to tenaciously advocating for you at every step of the legal process.
Speak With the Defective Medical Product Lawyers at Hersh Kirtman Injury Law Today
If you have suffered harm due to a defective medical device in Florida, the lawyers at Hersh Kirtman Injury Law are here to seek compensation on your behalf for the injuries you suffered. We are dedicated to navigating the complexities of product liability law to protect consumers and hold responsible parties accountable for design flaws, manufacturing defects, and warnings errors. Our experienced lawyers will meticulously assess your case, gather vital evidence, and represent you in your fight for justice and compensation.
Contact one of our defective medical product lawyers today by calling (561) 208-3700 or filling out a contact form for a free consultation.
