St. Louis Defective Medical Device Lawyer

Medical devices are essential tools for today’s most advanced medical care. Both doctors and the patients they treat depend on medical devices to function appropriately and effectively. Unfortunately, like other products, medical devices are subject to design flaws, manufacturing mistakes, and marketing errors. A defective medical device can cause devastating harm with lasting adverse impacts on a patient’s health. If you’ve suffered ill effects from a defective medical device in St. Louis or the surrounding area, reach out to the St. Louis defective medical device lawyers from Miller & Hine to learn about your right to compensation.

Why Select Miller & Hine as Your Defective Medical Device Law Firm?

The law firm of Miller & Hine has advocated for injury victims for over fifty years, with a dedication to professional excellence and compassionate representation. With Miller & Hine, you can expect the following:

• A free case evaluation and contingency-based payment, so you owe nothing until after your attorney recovers compensation in your case
• A personalized strategy that addresses the unique circumstances of your case, rather than a carbon-copy approach that might not obtain the maximum compensation available to you
• An attorney who takes the time to get to know you so they can more effectively convey the impact of the harm caused to you to the appropriate insurance company

Miller & Hine’s history of exceptional results, including a recent $800,000 recovery in a medical malpractice case, puts a powerful, well-respected voice behind your St. Louis medical malpractice claim.

What Types of Medical Devices are Common In Defective Medical Device Claims?

The term “medical device” refers to those devices used for in-patient care during surgery and other medical procedures, and those prescribed for patient use at home or implanted into a patient’s body. Common medical devices named in compensation claims include the following:

• Insulin pumps
• Pacemakers
• Blood glucose monitors
• Hip and knee replacement implants
• Pelvic mesh
• Breast implants
• Surgical robots
• Defibrillators
• Stents
• Inferior Vena Cava (IVC) filters
• Contraceptive implants
• CPAP machines
• Infusion pumps
• Ventilators
• Surgical blankets

These are some, but not all, of the commonly used medical devices that may malfunction during normal usage or degrade over time and cause harm.

Understanding Liability In St. Louis Defective Medical Device Cases

Injuries or adverse outcomes caused by defective medical devices can be serious or potentially deadly, often causing long-term harm to patients. Moving forward toward obtaining the compensation and financial accountability an injured patient deserves presents challenges, including determining the best pathway forward. An injury victim can pursue a defective medical device claim as either a medical malpractice case or a defective product claim, depending on the circumstances and whether or not the medical provider was aware of potential defects and obtained informed consent. Under Missouri’s pure comparative negligence law, 537.765, all parties who cause or contribute to an injury can share liability for damages. In other words, a skilled St. Louis attorney can pursue all available avenues for compensation.

Proving Medical Malpractice in Defective Medical Device Claims

Depending on the circumstances of your case, your St. Louis medical malpractice attorney may pursue a claim against a negligent doctor or other provider if they failed to live up to their required standard of care in your case. Proving medical malpractice occurred requires evidence that demonstrates the following:

• A doctor/patient relationship existed at the time the malpractice occurred
• The doctor or other medical provider owed a duty of care to the patient, requiring that they treat the patient at the standard of care accepted by the medical community
• They breached this legal duty of care through negligence
• The breach of duty caused harm to the patient
• The patient suffered damage from the harm

Damages in defective medical devices include financial consequences as well as physical effects.

Proving a Product Liability Case Against the Manufacturer of a Defective Medical Device

Either instead of, or in addition to a medical malpractice claim, an injury victim’s attorney may advise pursuing a defective product claim against the manufacturer of the medical device. This requires evidence proving that the case meets a different liability standard than medical malpractice. In a product liability claim, the evidence must demonstrate the following:

• The device had a design flaw that made it inherently unsafe
• A manufacturing error occurred during production that made the device defective and unsafe
• A marketing failure occurred, such as a lack of adequate warnings or instructions on the product’s labeling or packaging

Manufacturers are held to strict liability standards, meaning it’s not necessary to prove that the manufacturer was negligent, only that one of the above standards of liability occurred and caused harm to the victim.

What Damages Can I Recover In a Defective Medical Device Claim?

When a medical device fails, degrades, or malfunctions, it can cause injury, illness, disability, or death. Common damages recovered after an adverse event from a defective medical device include the following:

• Reimbursement for medical expenses
• Anticipated future medical costs
• Out-of-pocket expenses
• Lost earnings
• Future income loss
• Reduced earning ability
• Compensation for pain and suffering
• Catastrophic injury damages, if any apply, such as for permanent scarring, the loss of a limb or organ, the loss of one of the senses, or diminished quality of life

If a defective medical device causes fatal harm to the victim, their closest surviving family member may pursue compensation and a sense of justice through a wrongful death claim against the manufacturer of the device or against the medical practitioner who used or prescribed the use of the device.

How Can a Medical Malpractice Lawyer In St. Louis Help Me?

Recovering compensation for losses caused by a defective medical device requires a well-executed strategy and compelling evidence. By hiring an experienced attorney to represent your best interests, your lawyer does the following:

• Handles all communication with the involved insurance companies and attorneys
• Conducts an independent investigation into all aspects of the case
• Consults with medical experts and other expert witnesses to document strong supporting evidence of your claim
• Carefully calculates your damages to seek the maximum compensation available to you
• Sends their findings to the appropriate defendants and their insurance companies
• Negotiates for the maximum compensation
• Obtains a settlement for your damages or takes the matter to court for litigation if the insurance company denies or undervalues the claim

Most defective medical device cases end with a settlement; however, a trial-ready attorney always prepares the case as though for court to strengthen their standing during negotiations.

Reach Out to a Defective Medical Device Attorney at Miller & Hine

No one should have to take on a complex legal endeavor without experienced representation. Instead, call Miller & Hine Attorneys at Law for representation and let your lawyer focus on your financial recovery while you put your energy into healing.