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Pennsylvania Defective Medical Device Lawyer

Medical equipment is used by doctors and other medical professionals in the healthcare industry to help those with medical conditions. However, some medical-related products are available today that have been proven dangerous to users because of a lack of testing, negligence by the manufacturer, or defects.

Some products used today have been connected to unwanted side effects and injuries. Examples include surgical mesh products and hip and knee replacement implants. If a medical device or equipment causes harm or injury to the user while the device is being used safely and properly, it is considered defective.

If a medical device injures you, you have legal rights. At Mooney Law, we represent victims who have suffered harm due to medical devices and equipment. When you come to us, you can feel confident we will fight for justice and compensation on your behalf.

Understanding Medical Device Injuries

At Mooney Law, we recognize the devastating impact that medical device injuries can have on individuals and their families. With our experience handling these cases, we aim to shed light on the complexities surrounding medical device injuries and guide those affected.

Types of Medical Device Injuries

Medical device injuries can take various forms, ranging from minor complications to life-threatening conditions. Common types of medical device injuries include:

  • Implant Failures: Implants such as hip replacements or pacemakers can fail due to design defects or manufacturing errors, leading to pain, mobility issues, and the need for revision surgery.
  • Infections: Medical devices, particularly those used in surgical procedures, can increase the risk of infections if contaminated or improperly sterilized. Infections can result in serious complications and require extensive medical treatment.
  • Device Migration: Some medical devices, such as surgical mesh or stents, may migrate from their intended location within the body, causing organ perforation, internal bleeding, or other injuries.
  • Allergic Reactions: Patients may experience allergic reactions to materials used in medical devices, resulting in skin irritation, inflammation, or systemic allergic responses.

How to Prove Liability in Medical Device Injury Cases

We understand the complexities of proving liability in medical device injury cases at Mooney Law. If a defective medical device has injured you, it’s essential to know how to establish liability to pursue compensation for your damages.

Here’s how we can help:

Understanding Pennsylvania Product Liability Laws

In Pennsylvania, product liability laws govern cases involving defective medical devices. Under these laws, manufacturers, distributors, and sellers can be held liable for injuries caused by their products if they are defective or unreasonably dangerous. Three main types of defects can establish liability:

  • Design Defects: A design defect occurs when a flaw in the product’s design makes it unreasonably dangerous for its intended use. Proving a design defect involves demonstrating that the product’s design posed an unreasonable risk of harm to consumers.
  • Manufacturing Defects: Manufacturing defects occur during production and result in a product that deviates from its intended design. Proving a manufacturing defect involves showing that the defect existed when the product left the manufacturer’s control and caused the plaintiff’s injury.
  • Failure to Warn: Manufacturers must warn consumers of known risks associated with their products. Failure to provide adequate warnings or instructions can render a product unreasonably dangerous. Proving a failure-to-warn claim requires showing that the manufacturer knew or should have known the risk and failed to warn consumers adequately.

Gathering Evidence and Expert Testimony

Successfully proving liability in a medical device injury case requires gathering evidence and expert testimony to support your claims. Our experienced attorneys have the knowledge and resources to conduct thorough investigations, obtain relevant documentation, and consult medical experts to strengthen your case.

Negotiating or Litigating

Once liability has been established, we will work to negotiate a fair settlement with the responsible parties. We will take your case to trial and advocate for your rights in court if a settlement cannot be reached.

Steps to Take After an Injury Caused by a Medical Device

Experiencing an injury due to a medical device can be a frightening and overwhelming experience. At Mooney Law, we’re here to guide you through the steps to protect your health and rights following such an incident.

Seek Medical Attention

Your health and safety should be your top priority. Seek immediate medical attention for your injuries, whether visiting the emergency room or scheduling an appointment with your healthcare provider. Documenting your injuries and receiving proper medical treatment is crucial for your well-being and potential legal claim.

Preserve Evidence

Preserve any evidence related to your injury and the medical device involved. This includes keeping the device, packaging, instructions, medical records, photographs of your injuries, and any correspondence with healthcare providers or the device manufacturer. This evidence will be essential in establishing liability and supporting your claim.

Report the Incident

Report the incident to the appropriate authorities, such as the Food and Drug Administration (FDA), through their MedWatch program. Reporting the incident helps ensure the device manufacturer knows the issue and can take appropriate action to address any potential safety concerns.

Consult with an Attorney

Consult with a knowledgeable attorney who specializes in medical device injury cases. An experienced attorney can evaluate your case, explain your legal options, and provide guidance on the best course of action to pursue compensation for your injuries.

Know Your Rights

Understand your rights under Pennsylvania product liability laws. Manufacturers, distributors, and sellers can be held liable for injuries caused by defective or unreasonably dangerous medical devices. Knowing your rights empowers you to take the necessary steps to protect yourself and seek justice for your injuries.

If a medical device in Pennsylvania has injured you, don’t hesitate to contact us for a free consultation. We’re here to help you navigate the legal process and fight for the compensation you deserve.

Mooney Law Can Help You Seek Compensation After a Medical Device Injury

You expect medical devices to provide the treatment and help you need to get well or heal. However, some may do the opposite.

If you, or someone in your family, were injured by a defective medical device, our experienced attorneys can help. We will advocate for your rights while helping you seek justice and compensation.

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