Why You Might Be Entitled To Compensation For Your Defective Medical Implant

A hip or knee replacement involves replacing a portion of your hip or knee with a surgically implanted device to help improve your mobility. This can often be a lifesaver if you are suffering from hip or back problems, but some manufacturers are negligent and design products that are defective. If this is the case for you, then a quick conversation with a personal injury lawyer can help you determine if you have a case. 

Parties That Might Be Liable 

When you sue over a defective medical product, there are often several parties whom you can sue. For example, you should be able to sue the designer who created the unsafe medical product.

You may be able to sue the party that sold the defective product to the hospital where you had the device implanted. A surgeon or nurse might also be accused of failing to follow the standard of care during the surgery.

Product Liability

By creating or selling a product, the individual involved is responsible for making sure that the product is safe to use and they must also place appropriate warnings on the product. Anyone who fails to do so can be held responsible for any injuries that result. 

A Personal Injury Lawyer Can Help You Prove Your Case

To receive compensation for your injuries, you should hire a personal injury lawyer who has experience with these types of cases. This is because you will need to prove that a party involved in the creation or sale of the medical device was negligent. This can be very difficult if you don't have the medical and legal knowledge necessary.

For example, your personal injury lawyer might be able to discover that the medical device designer failed to adequately test the product before it was released onto the market. If they are able to build a solid case, you could be able to negotiate a settlement out of court, or you may go to trial and you might be able to win your case.

A Defective Implant Can Lead to Serious Damages

A defective hip or knee implant can lead to conditions such as arthritis. You will likely need to have another surgery to have the defective implant replaced with a new one in only a few short years. Therefore, you will need to have your damages calculated so you can receive full compensation for all of your injuries. 

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