Defective medical devices can cause serious injuries and health complications, entitling victims to damages. Our attorneys can walk you through the process of suing for these injuries and getting the compensation you deserve.
Start by seeing if you have a claim. Your lawsuit may be against the manufacturer that produced the defective medical device. The healthcare professional and hospital that implanted or used the device might also share liability, depending on the situation. We can calculate your actual damages before filing a lawsuit, so you know what a fair settlement would be. After preparing a strong case, we can file your lawsuit before the 2-year statute of limitations expires.
Get your free case assessment from our New Jersey personal injury lawyers by calling Agrapidis & Maroules, P.C. at (201) 777-1111.
How Do You Sue for Injuries from Defective Medical Devices in New Jersey?
Suing for injuries from a defective medical device is not as straightforward as suing for a car crash or other personal injury. Learn whether you can sue and how exactly to get compensation for your injuries by speaking with our lawyers.
See Whether You Have a Claim
Start by seeing whether you have a claim and, if so, who that claim would be against. If a defective medical device injured you, the manufacturer of that device is most likely liable. We must show that there was a design defect in the device or that it became defective during manufacturing.
You might also have a claim against the hospital where the device was implanted or the healthcare professional who implanted it, if the injury was due to their negligent implantation rather than the device being defective.
Pacemakers, implants, and other medical devices used during procedures might be defective and cause serious and sometimes fatal injuries.
Gather Evidence to Prove Your Case
The next step is gathering all the evidence that helps prove your case. Our Fort Lee, NJ personal injury lawyers can assess the product itself and, potentially with help from qualified expert witnesses, identify what went wrong and why the device itself was defective. Medical records regarding the device’s initial use or implantation and its removal or treatment of injuries it caused are also strong evidence.
Know Your True Damages
You must know your true damages before seeking compensation for injuries from a defective medical device. Damages vary, depending on the device in question and the injuries it causes. If a pacemaker is defective, an individual might get dizzy and faint, putting them at risk of falling injuries like concussions and sprains.
That victim could bring a compensation claim to recover emergency medical treatment, replacement of the defective medical device, lost wages, and pain and suffering.
File Before the Deadline
All of this must be done while there is still time left of the statute of limitations to file your lawsuit. New Jersey’s statute of limitations for product liability claims is 2 years. This includes injury claims brought for defective medical devices.
Defective medical devices sometimes take time to cause noticeable injuries. Delayed discovery of an injury tolls the statute of limitations. You may still have time to sue, even if it has been over 2 years since the device was implanted.
File well before the deadline if your case allows it; waiting two years to file your lawsuit could delay your recovery, so don’t use up all the statute of limitations if you can avoid it.
FAQs About Suing for Injuries from Defective Medical Devices
What Medical Devices Can Cause Injury if Defective?
Pacemakers, implants, defibrillators, replacement joints, and surgical mesh are just some of the medical devices that can injure you if there are design or manufacturing defects or issues with use or implantation.
What Are Common Injuries from Defective Medical Devices?
Infections at the implant site, internal bleeding, organ damage, blood clots, device migration, nerve damage, and general health complications are often associated with defective medical devices. You will most likely need corrective treatment, which can contribute to your damages.
What Should You Do if You Notice Injuries from a Defective Medical Device?
As soon as you notice injuries or complications that could be associated with a defective medical device, get assessed. Delaying the removal of the device could worsen your injuries and overall health, so prioritize getting medical attention over all else initially.
Can You Sue for Future Damages from a Defective Medical Device?
Defective medical devices can cause ongoing and even permanent injuries in victims. If we expect you to incur additional medical expenses, lost wages, and non-economic damages after your lawsuit ends because of long-term effects, we can also seek future damages.
Can You Sue for Punitive Damages for Injuries from a Defective Medical Device?
Punitive damages are only recoverable in New Jersey when a plaintiff proves, through clear and convincing evidence, that their injuries were due to actual malice or wanton and willful disregard on behalf of the medical device manufacturer or designer.
New Jersey caps punitive damages at five times the amount of compensatory damages or $350,000, whichever amount is greater.
Can You Sue the Hospital for Injuries from a Medical Device?
You may be able to sue the hospital where a medical device was implanted if your injuries were due to breaches of the standard practice of care by the medical professionals who implanted it.
Do You Need an Attorney to Sue for Injuries from a Defective Medical Device?
An experienced attorney’s help can make any lawsuit easier to navigate for a victim, especially complex product liability claims involving complications and injuries from defective medical devices in New Jersey. Not only can our lawyers build and litigate your case, but we may also resolve it fairly with an out-of-court settlement.
Get Compensation for Injuries from a Defective Medical Device in NJ
Reach the Jersey City, NJ personal injury lawyers of Agrapidis & Maroules, P.C. for a free case review by calling (201) 777-1111.