When a defective medical device injures you, the manufacturers should be held responsible for your losses. By filing a defective medical device claim, you may be able to recover compensation.
At the Law Office of Michael A. DeMayo, we understand complications caused by defective medical devices can be devastating. We’ve helped other victims who’ve suffered, and we can help you too.
Compensation & How It Works
When defective medical devices result in injury, compensation may be available to victims. Compensation can include money for economic and noneconomic damages:
- Past and future medical bills
- Lost wages
- Pain and suffering
- Permanent disability
- Wrongful death
Depending on your claim, a few different parties can be held responsible. For example, liable parties may include:
- Medical device manufacturers;
- Pharmacies or medical device suppliers; or
- The surgeon who implanted the device
Other factors will inform what type of claim to pursue and subsequently compensation limits. Defective medical devices typically result in either a medical malpractice claim or product liability claim.
North Carolina’s statute of limitations establishes damage caps for certain types of compensation. For example, there’s no cap for economic damages in medical malpractice cases; however, the state has a $500,000 limit for noneconomic damages in these cases; certain types of permanent injuries are exempt from this rule.
An experienced North Carolina injury lawyer will evaluate your circumstances carefully and make the best determination.
Finally, compensation can be limited pursuant to North Carolina’s contributory negligence rule, which bars recovery if the plaintiff is partially at fault for his or her own injuries.
If you’ve been injured, contact the Law Offices of Michael A. DeMayo for a free case consultation.
Common Defective Medical Devices
Despite testing standards and regulations, thousands of dangerous products and devices are used by medical professionals every year.
Patients may develop additional health problems when medical devices are improperly designed, manufactured, marketed, or implanted.
Some of the claims the DeMayo Law Offices have represented involved high-risk defective medical devices including:
Manufacturers can be held responsible under strict liability rules in all situations where a defective medical device harms a patient. Often the challenge is proving the injury or condition is linked specifically to a dangerous product or device.
An experienced defective medical device lawyer can help investigate the injury and argue the claim on the victims’ behalf. Effective legal advocacy is the first step toward relief.
If you have questions relating to a defective medical device or product, contact The Law Offices of Michael A. DeMayo to discuss your legal options.
Our defective medical device attorneys work on a contingent-fee basis, which means we don’t get paid until your case gets settled.
Important Information for Victims
North Carolina’s statute of limitations limits the amount of time a victim or surviving family member can file a lawsuit:
- Product liability claims must be filed within six years
- Medical malpractice claims are more complicated. Generally, victims have three years to file a claim following the date of the underlying medical error or one year after the date of “reasonable” discovery. Depending on the circumstances, the time frame to file a claim can be longer.
It’s very important that victims seek medical attention for their injury. Document expenses carefully and keep daily notes throughout the claims process.
These types of cases can be very difficult to handle without the aid of an experienced defective medical device lawyer. Specifically, these claims involve detailed medical evidence, expert witnesses, and exhaustive knowledge of product liability law.
With the DeMayo Law Offices on your side, you don’t have to fight for your recovery alone.