Jun 25
Liabilities in Defective Medical Devices
Written by Administrator   
Tuesday, 16 March 2010 05:22
Patients need to be assured that the devices they use in the hospital would not worsen their condition. Defects of these equipments can result to undue harm and stress to people who are required to use it.

The hospital administrators must see to it that the medical devices and equipments they purchase are made by reputable companies and has been tested to work properly in order to evade defective product lawsuits because of their negligence in ensuring the good working condition of the product.

The manufacturer or the distributor, on the other hand, is sure to be named as the defendant in cases of product liability as they should have made sure that the devices they release out in the market is of good quality and in working condition.

Defective Products

Many have been victimized by medical devise malfunction in hospitals and other treatment facilities. These defects can cause serious injuries and even death to victims and so these mistakes should never be tolerated. Common medical equipment defects are often brought about:

• Because of its design

• Because of the materials and the manufacturing itself

• Mislabeling and lack of warning on dangerous parts and contents of the device

In case a defect of mass-produced product is suspected, the manufacturers are expected to address the public of the potential dangers and pull out the devices in hospitals where they’ve sold it.

Filing Charges

Victims, or their beneficiaries, can file lawsuits against these companies that have done them wrong. They may be able to collect compensatory and punitive damages once they’ve proven that the negligence of the party, who should have provided substantial care, has led to the injury or the death of the victim.

These court proceedings, however, are not as simple as they seem. The plaintiff may be required to submit different legal documents and pieces of evidence before they can formally file their complaint.

Plaintiffs can overcome these hardships by hiring expert personal injury lawyers who will see to it that their clients will be rewarded with compensation for the damages they have suffered.

They can recover:

• Economic damages – These include the monetary losses and expenses paid by the victim such as hospitalization bills, lost wages, future treatments, and medications for the injury.

• Non-economic damages – Pain and suffering of the victim or his beneficiaries will also be compensated by the party who is found guilty of being negligent and caused the accident.

• Punitive damages – Punitive damages are often paid in cases of product liability because of the weight of their liability to their consumers as manufacturers should be making sure that the products that they are offering would not cause harm and suffering.

There are instances when plaintiffs see an out-of-court settlement as an easy solution to their problems as they do not have to go through litigation in order to receive compensation.

Nevertheless, negotiations of these settlements should be handled by expert lawyers to avoid lesser compensation for the damages suffered by the victim.

To help you pursue product liability claims, consult with our skilled personal injury lawyers. Visit our website and avail of our free case evaluation.

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Last Updated on Thursday, 18 March 2010 23:43