5 Common Questions About Medical Device Injury

Did you suffer a serious injury related to a faulty medical device? Read these 5 common questions about medical device injury, then call us!

1) How Much Does an Attorney Cost for a Medical Device Injury Claim in Southwest Florida?

5 Common Questions About Medical Device InjuryAt our firm, we handle medical device injury claims on a contingency fee basis, meaning there are no out of pocket expenses or upfront costs to our client. Our firm advances all the costs in prosecuting the case, which can be substantial including the cost of engineers to testify and doctors. It is only in the event we make a recovery for our client that we get attorney fees, Secondly, that’s the only time that we are reimbursed our cost if we make recovery for our client. There’s no upfront out of pocket expenses to hire our law firm for a medical device injury claim.

2) How Long Will a Medical Device Injury Claim Take to Resolve?

There’s no stated or standard amount of time that it takes for a medical device injury claim to resolve in Florida but because of the complexities of them and the fact that many times they end up in what’s known as multidistrict litigation and a central federal court somewhere in the country, they generally take anywhere from three to six years to resolve, but it could be less. Sometimes, the manufacturers will have programs set up to settle claims quicker. Either way, our firm is ready, willing, and able to handle these claims for you.

3) How Do I Determine the Value of a Medical Device Injury Claim?

There are several ways that we evaluate medical device injury claims in Florida. We look at different factors that are involved in the case, from the amount of medical expenses incurred as a result of the defective device to the impact that the defective device has had on the individual, including their quality of life and earning capacity. All this and more go into the evaluation process. There is no magic formula and therefore we really listen closely to our clients when we evaluate these type of claims.

4) What Mistakes Do People Make that They Should Avoid If They Are Filing a Medical Device Injury Claim?

One of the biggest mistakes people make with a medical device injury claim in Florida is not preserving the defective product, called an explant. When an implant is replaced, the explant, the old part, should be preserved as evidence because, many times, the explant will have evidence of the defect. Most times and many times, that explant is not preserved because of burial hazard issues and things of that nature, but at all costs, if you particularly think you have a medical device injury claim that you should preserve the old product and many hospitals and doctors would be willing to do that for you, but you have to ask in advance. Be sure to preserve the evidence. It’s very critical in these cases.

5) Do I Have a Lawsuit If My Medical Device that Was Implanted Is Recalled?

If your medical device was recalled, that’s evidence that the device was defective, which can be used to support a claim of a defective medical device. It may depend, however, on the length of time the device has been in your body. Most microdevices have a life expectancy based on the state you live in at the time. If it’s somewhere between 10 and 15 years and the device has been implanted longer than that, then the fact it’s been recalled may not be relevant to support a claim; if it’s been less than that, then obviously, it will support a claim. The fact that the device has been recalled is strong evidence that the device is defective and therefore would support a claim for medical device.

Have you suffered serious health issues related to a faulty medical device in Florida and have questions? After reading these 5 common questions about medical device injury, contact our experienced Southwest Florida medical device injury lawyers today for a free consultation and case evaluation.

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