Legal Considerations in Cases of Defective Medical Devices

Legal Considerations in Cases of Defective Medical Devices

Medical-related products are plentiful and used for many different purposes with the ultimate hope of helping a patient support healing and wellness. However, when medical equipment is dangerous because it is defective in some way, it can lead to serious injuries and death for patients. Thus doing the exact opposite of what it was intended for.

If you or a loved one was injured by a defective product or died after using one, then speaking with a Pennsylvania defective product attorney at Edelstein Martin & Nelson, LLP can be advantageous. You may be able to file a defective product claim to get compensation for your damages such as your physical and emotional suffering, your financial hardships, and potentially more.

Filing a Defective Product Claim in Pennsylvania

Legal Considerations in Cases of Defective Medical DevicesThere are many reasons that a medical product could be defective. For instance, perhaps it wasn’t tested properly or maybe, there were errors during manufacturing. Some notable defective medical product examples include metal-on-metal hip replacements or Physiomesh for repairing a hernia.

When you are ready to file your defective product claim, one of the first things to establish is liability. Who is responsible for paying for your damages? In a product liability case like a defective medical product, there could be several parties that are to blame. Sometimes more than one party is responsible for paying a victim’s damages. When assessing where liability falls, the following entities must be considered:

  • The manufacturer of the product
  • The designer of the product
  • The party that sold the product
  • The party that assembled the product
  • The parts manufacturer

Once liability is determined, then you, as the plaintiff, will have to prove that the parties you deem liable are truly at fault for your damages. This can be a tricky thing to do but when you work with an attorney at Edelstein Martin & Nelson, LLP, you will have the benefit of being supported and represented by an experienced and resourceful legal professional who knows how to secure maximum recovery from a product liability claim. Your attorney will investigate your case and gather evidence to show the following:

  • The medical product was defective
  • The defective medical product injured you 
  • The defective medical product was being used properly
  • You suffered damages as a result of the defective product 

The importance of getting your product liability claim started as soon as you realize you are injured can not be understated. This is because you only have a short amount of time to file your claim and if you fail to do so in that timeframe, you will miss out on your window of opportunity to secure financial compensation for your damages. Pennsylvania’s defective product liability statute of limitations is only two years.

Speak with an Attorney at Edelstein Martin & Nelson, LLP

You didn’t expect to be injured when you started using a medical product but you were. This is not your fault and so you should not have to shoulder the burden for the losses you suffered.

Call Edelstein Martin & Nelson, LLP today to schedule a free consultation at (215) 731-9900 so you can discuss your product liability claim with a knowledgeable attorney.


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