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Being injured due to a defective medical device can be highly traumatizing for victims, both physically and emotionally. When you put your trust in medical professionals, you expect to receive a certain level of care while you are being treated. While it may not always be the fault of the medical professional using the defective medical device, if you are injured as a result of this type of occurrence, there are various parties who may be at fault and should be held responsible for this act of medical negligence. To ensure you are able to pursue the justice you deserve after suffering an injury due to a defective medical device, it is crucial you file a medical malpractice claim.
Here at Davis & Davis, our team of legal professionals has more than 70 years of combined experience and has conducted over 300 jury trials for our clients. Our trusted McAllen medical device failure lawyers have a passion for achieving justice for individuals impacted by defective medical devices. Our exclusive focus has been on fighting for victims who have been harmed due to medical malpractice.
Can You Collect Damages After a Defective Medical Device Causes Your Injuries?
When you are receiving a medical procedure in which a medical device, like an anesthesia machine or CT scanner, must be used, you likely put a lot of trust into those devices to work properly and perform their advertised function. Unfortunately, these devices do not always work in the way they are intended and can be defective, causing patients to suffer injuries as a result.
If you were injured due to a defective medical device, you have the right to pursue compensation for your losses by filing a medical malpractice claim. When filing your medical malpractice claim, you may be eligible to recover the following damages:
- Pain and suffering
- Reduced earning potential
- Past and future medical expenses
- Lost wages
- Physical therapy
- Wrongful death
- Funeral costs
- Reconstructive surgery
- In-home rehabilitation
- Emergency medical treatment
- Change in lifestyle
- Loss of consortium
- Emotional distress
- Loss of enjoyment of life
When filing your claim, insurance providers will often try to get you to accept a lowball offer. However, when you work with our team of McAllen defective medical device lawyers, we will utilize our experience in negotiation to ensure you are able to pursue the maximum amount of damages you may be eligible for.
Who Can Be Liable for a Defective Medical Device Claim in McAllen?
After you have been injured due to a defective medical device, one of the first steps in your legal case will be to identify the party that should be held liable for your losses. While the person who should be held liable may vary depending on the unique details of your case, some of the parties commonly held liable for defective medical device claims include the following:
- The manufacturer of the defective medical device
- The designer
- The retailer
- The distributor
Our team of medical device failure lawyers will launch a full investigation into your case to collect all necessary evidence that will help us identify the liable party in your case and assist you in your pursuit towards justice.
Proving Liability in a McAllen Defective Medical Device Claim
When it comes to ensuring you have a strong claim after suffering harm due to a defective medical device, it is crucial you are able to prove the liability of the at-fault party. Proving liability will support your claim and help you pursue the compensation you are owed for your losses.
In order to pursue fair compensation for your defective medical device claim, our team of medical device failure lawyers will collect evidence of the four factors of negligence. The four factors of negligence in a defective medical device claim are as follows:
- The liable party owed you a duty of care
- The duty of care was breached
- The occurrence and the breach of duty led to your harm
- You have suffered losses as a result of the defective device
To begin filing your McAllen defective medical device claim, contact our medical malpractice law firm today.
Injured By a Defective Medical Device in McAllen? Contact Davis & Davis Today
At Davis & Davis, we understand the complexities and stress a defective medical device case can bring to our clients in McAllen, Texas. Our team of legal professionals, with over 70 years of combined experience, is committed to fighting for the justice and compensation you deserve for the harm you have suffered.
If you believe you have been affected by a medical professional’s negligence resulting in an injury from a defective medical device, do not hesitate to contact us for a case evaluation. Contact Davis & Davis today at (888) 522-9444 or complete our contact form to learn more about how our medical device failure attorneys can help with your McAllen defective medical device case.
