It can be frustrating to learn that your medical device has a defect causing you harm. Whether it was a necessary or elective device, most of us trust that it was designed and manufactured to be safe. Unfortunately, this isn’t always the case.
If you’ve been hurt by a defective medical device in Atlanta, GA, you might be entitled to compensation for medical bills, pain and suffering, and other expenses. An Atlanta medical malpractice lawyer at Malone Law can help you assert your rights.
Contact us today or call our law office at (770) 390-7550 to set up a free consultation to discuss your legal options.
How Malone Law Can Help You With a Defective Medical Device Claim in Atlanta, GA
Malone Law has been helping clients since 1965. We have over 50 years of experience fighting for victims’ rights, including handling defective medical device lawsuits in Atlanta, Georgia. In fact, our team has recovered hundreds of millions of dollars on behalf of our clients.
Our Atlanta medical malpractice attorneys have been recognized as Best Lawyers in America and Super Lawyers and have earned a Martindale-Hubbell AV Preeminent rating.
If you hire us to handle your defective medical device case, we will:
- Explain the law
- Investigate the cause of the defect and who is responsible
- Consult expert witnesses and medical specialists
- Collect evidence to support your claim
- Review safety data and testing records
- Negotiate with insurance companies and the defendant
- File a medical malpractice lawsuit if necessary
- Go to trial and argue on your behalf
It’s scary to feel alone when standing up to a big company or their insurance agency. A medical malpractice lawyer in Atlanta can support you and advocate for your rights. This allows you the time and space to heal without worrying about your legal case.
Call Malone Law to learn more about how we can help.
We Handle All Types of Defective Medical Device Cases
We rely on medical devices to improve our lives and sometimes even save them. Defective devices can cause permanent injuries, suffering, and even death. Unfortunately, any type of medical device can be defective.
Our Atlanta product liability attorneys are equipped to handle all types of defective medical device cases, including those involving:
- Transvaginal mesh
- Hernia mesh
- Breast implants
- Knee and hip implants
- Ventilators
- Pacemakers
- Prosthetics
- Stents
- Surgical instruments
- CPAP machines
Call our office to discuss the specifics of your case.
Common Defects in Medical Devices
In general, medical device defects can be divided into three different categories. There are differences in proving your product liability case depending on the type of defect that applies. It could also affect who is liable for your damages.
Design Defect
A design defect happens when a medical device is unreasonably dangerous because of how it is designed. A medical device doesn’t need to be perfect. But if there is a safer design that was reasonable to use, the court might find that it was defective by design.
Manufacturing Defect
A manufacturing defect happens when a product is manufactured in an improper manner. This usually occurs during assembly and is not caught during a quality control process.
An example of a manufacturing defect may be a dangerously sharp edge that was supposed to be sanded. With manufacturing defects, the product is not inherently dangerous by design.
Failure To Warn / Marketing Defect
A failure to warn is not an issue with the design or manufacturing of a product. This failure happens when a company fails to disclose known risks and hazards associated with using a device. This duty to disclose applies to risks that they knew about or should have known about.
Doctors also have a duty to inform their patients about the risks of using a particular medical device. If they don’t, they may be held liable as well.
Who Is Liable in an Atlanta Defective Medical Device Case?
In defective medical device cases, you don’t generally need to prove negligence. It’s more about proving that the defect existed and was unacceptable. Depending on the type of defect and where in the process it happened, different parties might be responsible.
The following parties may share liability for a defective medical device:
- A manufacturer
- The product seller
- The design team
- A doctor (for failure to warn)
We will investigate the cause of the defect so that we understand who is responsible. Our Atlanta product liability lawyers will pursue damages from everyone who can be held liable.
What Damages Can I Receive If I Was Injured By a Defective Medical Device in Atlanta, Georgia?
In an Atlanta defective medical device case, you are entitled to economic damages, non-economic damages, and sometimes punitive damages.
These damages can include:
- Medical expenses (including future bills)
- Lost wages (past and future)
- Lost earning capacity
- Loss of enjoyment of life
- Loss of companionship
- Pain and suffering
- Emotional distress
- Out-of-pocket expenses
Our lawyers can help you calculate your damages so that we know how much you deserve to get paid. This will be important for negotiations and to ensure that we maximize your recovery.
Schedule a Free Consultation With Our Atlanta Atlanta Medical Malpractice Lawyers
Defective medical device cases can be complex and time-consuming. It is helpful to have a lawyer to explain the process and help you through it.
Call Malone Law to set up a free consultation with an Atlanta defective medical device attorney. There are no strings attached, and there is no risk in getting more information.