Greensboro Defective Medical Devices Lawyer
Medical devices have completely radicalized the way we take care of healthcare problems. From pacemakers to hernia meshes, medical devices make treatment much faster and more effective. Unfortunately, these devices can also be extremely dangerous. When a medical device is defective, it can cause severe injuries, such as infections, damage to internal organs, and much more.
If you are injured by a defective medical device, you may be entitled to compensation. At Auger & Auger Accident and Injury Lawyers, we have over 26 years of experience representing victims of defective medical devices. We may be able to hold a few different parties accountable, from the manufacturer of the device to the doctor who used it.
If you or your loved one was injured or killed due to a defective medical device, our lawyers can help you get the compensation you deserve. Give us a call at 828-222-7649 or contact us online today for a free, no-obligation consultation with a defective medical devices lawyer in Greensboro.
Holding the Medical Device Manufacturer Accountable
In most cases, the manufacturer is held accountable for the defective medical device. However, in some cases, the retailer or the distributor of the device can also be held liable. No matter who is held responsible, North Carolina uses the same standards of evidence and proof for these defective products and it does negligence in nearly every other personal injury case.
Essentially, you have to prove that:
- The responsible party had a duty of care, which in this case means they were required to create medical devices that are safe to use
- That party breached their duty of care, which may mean the device was designed, manufactured or marketed improperly
- You were injured directly because of the device
- You suffered real damages because of the device, such as medical bills, lost wages and more
- You used the medical device as the manufacturer intended
However, you do not have to prove that the responsible party knew the medical device was defective. Under North Carolina’s strict liability statute, you simply have to prove that the device was, in fact, defective, and therefore caused harm. Defects that are common in these cases include:
- Design defects, meaning that the design of the device or the materials used to make it was inherently dangerous, and therefore couldn’t be used safely
- Manufacturing defects, generally meaning the device was manufactured in a substandard way, either as a one-time event or as part of a pattern
- Marketing defects, meaning the way the device was presented to the public led to it being misused or used without knowing about its real risks
What to Do If You Are Injured by a Defective Medical Device in Greensboro
If you are injured or made ill by a defective medical device, you should seek medical treatment as soon as possible. Be sure you report your symptoms as accurately as you can. Otherwise, your doctor may not be able to diagnose you properly. Your doctor will test for symptoms of a defective device, such as infections, internal organ damage, and more. The sooner you seek medical treatment, the sooner your doctor begins treatment, the better chance you have of fully recovering.
You should also speak to a Greensboro defective medical devices lawyer as soon as possible to learn about all of your legal options.
Types of Compensation Available to You After a Defective Medical Device Injury
If you have been injured by a defective medical device in Greensboro, you may be entitled to a variety of different types of compensation, or damages. These are generally divided into two categories: economic and noneconomic. Economic damages pertain to the money you lost due to the injuries, while noneconomic damages pertain to the mental, emotional, physical and social losses you suffered.
These damages may include, but aren’t limited to:
- Past and future medical bills
- Pain and suffering
- Lost wages
- Property damage
- Out-of-pocket expenses
- Mental anguish
- Loss of enjoyment in life
- Lost earning capacity
- Temporary or permanent disability
- Physical disfigurement
- Wrongful death
- And more
Your Greensboro defective medical devices lawyer will evaluate all of the evidence, including medical records, expenses and more to figure out how much you may be owed. In addition, they will determine if the company has a history of creating defective medical devices, which can strengthen your case.
Speak with a Defective Medical Devices Lawyer in Greensboro Today
If you or a loved one has suffered from injuries or illnesses because of a defective medical device, you have the right to compensation. At Auger & Auger Accident and Injury Lawyers, we have over 26 years of experience helping our clients get the full compensation they deserve. Here are a few examples of past and current defective medical devices cases:
- Metal hip replacements
- Hernia meshes
- Transvaginal meshes
- Stryker hip replacements
- Power morcellators
- Bair hugger warmer blankets
- IVC filters (Bard & Cook)
Our ultimate goal is to get a fair settlement from the at-fault party through out of court negotiations so you get your money faster. However, if the other party refuses to offer a fair settlement, we are well-prepared to take your case to court.