Defective Medical Devices and Strict Liability
One of the benefits of living in the information and technology age of today is the number of medical devices that are used to prolong life and prevent disease. These medical devices can take many different forms and take on varied applications. Not only do they improve our health, but they can also improve us cosmetically and aesthetically.
We benefit from the use of hip and knee implants that help people to carry on a lifestyle that years ago could only have been dreamt about. Those who suffer from heart disease can improve their quality of life using defibrillators, heart valves, and other heart implants. On the cosmetic side, plastic surgeons can use implants and other devices that make improvements on a number of levels.
Defective Devices Pose Problems
Unfortunately,too often a number of medical devices can pose grave dangers to the public that seeks to use them for their benefit. Defects can appear in a number of different ways. A hip implant could cause an infection that results in emergency surgery and prolonged pain and suffering for a patient. A heart defibrillator could malfunction and cause a stroke, heart attack, or even death.
When a medical device that is designed to help is defective and actually hurts a person, what can the person do? In situations such as these there are laws in Florida that are designed to help victims of defective medical devices and help them get over the pain and suffering that results from a faulty medical device.
Defective medical device cases are primarilybased on strict liability. This is a legal theory that dates back hundreds of years. It has been developed over time in our common law system of justice and effectively holds companies and people responsible for allowing a defective product to reach the public. One of the primary purposes of this legal doctrine is to protect the public from having to suffer from these faulty products. Under the doctrine of strict liability, a victim can hold the manufacturer, distributor, and supplier of the device liable for the damages that resulted.
The damages that a victim of a faulty medical device suffers will vary from case to case. It can be as simple as the need to go in and have the device replaced with a non-defective device, or it can be as serious as causing death to the victim. No matter what the damages are, there is a system in place to make those responsible pay for allowing a defective medical device to reach the public.
Panama City Area Defective Medical Device Attorney
At The Pittman Firm our team of dedicated professionals have valuable experience in defective medical device cases. Here, we interview our clients research the facts of their case, and bring lawsuits designed to get you the just compensation you deserve. If you feel like you are the victim of a faulty or defective medical device, contact us. We will work with you and give you the legal and practical advice that your case deserves.
See related blog posts: Court Ruling Challenges Florida's Damages Cap; Florida Supreme Court Will Decide Case Over Insurance Claims.