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We hear about defective medical devices in the news all too often. When these products fail, there could be serious consequences, from minor issues such as an infection to serious organ or nerve damage, and in the most egregious cases, death.

The cost of corrective procedures, mental anguish, chronic pain, and lost wages are real damages some patients could face. If you experienced any consequences of a defective medical device, it is understandable to want to recover your losses. Keep reading to learn more about the legal process of suing over a defective medical device and how our attorneys at Bordas & Bordas could help.

What Are the Pre-Lawsuit Steps?

After suffering an injury from a defective medical device, seek prompt medical care. Your health and well-being are paramount, and it is important to ensure that all your symptoms are well-documented. If possible, keep the device, its packaging, and instructions, then gather your medical records and diagnostic reports. After receiving treatment, schedule your free consultation with one of our empathetic Bordas & Bordas representatives.

How Your Defective Medical Device Lawsuit Could Progress

Once we have had the chance to review your documentation, we may conduct a thorough investigation to support your claim. Then, our team could draft and file your complaint with the court. This legal document outlines your claim against the defendant, such as the defective medical device’s manufacturer, distributor, or a healthcare professional.

During the discovery phase of your lawsuit, opposing parties share information and may work to negotiate a fair settlement. However, if negotiation fails, we could move your case to trial and let a jury decide the merits of your case based on the evidence we present.

Key Elements of a Defective Medical Device Lawsuit

To successfully recover your damages when taking legal action, your attorney must be able to prove that the medical device was defective due to a design flaw, manufacturing error, or inadequate warnings. We must also demonstrate that the device was the direct cause of your injury, while proving the extent of your damages, including economic losses such as medical bills and lost wages, as well as pain and suffering.

Take Legal Action Over a Defective Medical Device Now by Calling Bordas & Bordas

The legal process of suing over a defective medical device is complex, but you have help from a Bordas & Bordas personal injury attorney on your side. We are not afraid to defend your rights, so start the process by reaching out to our team for a free initial consultation. Our reputation for success speaks for itself, and you will owe us nothing unless we recover your damages.