New Mexico Defective Medical Device Lawyer

Being fitted with a medical device is a serious undertaking. It is usually the sign of a dangerous condition, one that requires constant monitoring or additional support via a measuring instrument or life-saving device. If the medical device becomes defective or otherwise inoperable, an explanation is needed, and compensation may be worth pursuing. If you have a defective medical device, you may want to consult with a New Mexico defective medical device lawyer today.

The Burden of Proof

If a person suffers a wound or injury from a defective medical device that was implanted by a medical professional, it will likely evolve into a product liability case. In a product liability case like this, the burden of proof lies in strict liability. The plaintiff does not have to prove negligence. All they need to prove is that the device in question is defective and it was the direct cause of their injuries.

It can be difficult proving fault with a medical device. It may have been used incorrectly, and that incorrect use could have led to the injury. Your lawyer will likely rely on medical experts who have experience with the device in question, as well as scientific experts who can testify to the device’s intended use or unintended use.

To ensure you are able to receive compensatory damages for your injuries from the defective device, your lawyer will need to prove several important things:

• The device did indeed suffer from a defect, either by design or from the manufacturer.
• The defect was the direct cause of your injury.

What Makes the Device Defective?

No company intends to make a defective device. It is an accidental oversight that results in unfortunate circumstances for those who happen to use them. When it comes to medical devices, those circumstances are far more dangerous, as they affect people who already have underlying health problems. There are largely four types of device defects that can happen to a medical device:

• Manufacturing Defects: When a device is manufactured, there can be issues with the process that do not become known until the product is already on the shelves. Flaws can come to light during the assembly process, quality control can be performed incorrectly, or the wrong materials can be used to actually build the product.
• Design Defects: Sometimes, the fault lies in the design of the product. Some devices may seem like they make sense on paper, but when the product is actually built, problems surface that the developers did not expect. Medical devices are supposed to be safe for the people who need to use them. A design flaw from the actual development stage, can make the company liable for any injuries.
• Labeling Defects: Medical devices are supposed to be used solely for the reason they were designed. Your doctor will likely go over how to use these items before giving them to you. Many medical devices require significant instructions and very clear warning labels so people do not use them incorrectly. Failing to provide adequate warning could make the company liable for any injuries.
• Packaging Defects: Packaging is quite important when it comes to medical devices. Sometimes, the packaging is designed to protect the product within. Faulty packaging can be the cause of a medical device’s defectiveness.

FAQs

Q: Who Is Liable for a Defective Medical Device?

A: Companies that design and release defective medical devices are largely held liable for any injuries that are caused by the devices themselves. It all depends on the case at hand, the circumstances surrounding it, and the severity of your injuries. It is important for companies that are responsible for releasing defective medical devices to be held accountable so that these devices are taken off the market before they cause any more problems.

Q: What Must You Prove for a Product Liability Case in New Mexico?

A: You must prove three things in a product liability case in New Mexico. It must be proven that that the device in question has a harmful or dangerous defect or flaw. Next, the injured party must have been using the product in a correct manner. Lastly, the device or product must not have been altered at all before being used.

Q: What Is Considered a Medical Device?

A: A medical device is any device that is designed specifically for the prevention, diagnosis, treatment, or detection of illness or injury. These devices are often prescribed or suggested by medical professionals in an effort to improve their patient’s quality of life for a certain amount of time. These can include:

• Pacemakers
• Prosthetic limbs
• Stents
• Surgical equipment
• Doctor tools
• Canes and walkers

Medical devices are indispensable for certain people. When they prove to be defective, they can cause serious injury to people already dealing with serious situations.

Q: What Is a Defective Device?

A: A defective device is any device that fails to work according to specifications provided by the company, distributor, or designer of the device. Defective devices can give rise to product liability claims, in which proving the defectiveness of said device and any subsequent injuries and/or illness they cause can lead one to collect compensatory damages from the liable parties. Medical devices that are found to be defective contain a much higher risk than other products.

Contact a Defective Medical Device Lawyer Today

Learning that you have a defective medical device can be disheartening and somewhat frightening. You may be wondering how long your medical device has been defective. It is likely that you want justice, and the Branch Law Firm can help you get it. We can help you build your case, assess liability, gather the necessary evidence, and advocate on your behalf in court if necessary.

We are here to help you solve your issue and be properly compensated for the damages you are due. Contact us to schedule a consultation as soon as you can, so we can confidentially discuss the details of your defective medical device experience.