There are many different ways you or a loved one can be harmed due to someone else’s negligence. For example, you can sustain injuries caused by a defective product through no fault of your own. Pursue the compensation you deserve with the help of Elstein Legal.
Miami Defective Medical Device and Product Liability Lawyer
We don’t expect the various products and medical devices we may rely on throughout our lives to put us at risk of harm. We want to believe that designers, manufacturers, and marketers have our safety in mind at all times. Unfortunately, it is possible to sustain injuries, develop health issues, or even die because of a defective medical device or product.
It’s important that the responsible parties be held accountable when this occurs. If you or a loved one has been hurt because of a medical device or product defect, Elstein Legal can help. Miami product liability attorney Brian L. Elstein has the expertise necessary to provide you with strong representation.
Defective Medical Devices in Miami: Essential Information
In general, a medical device is any product designed for the specific purpose of treating patients. Examples of common medical devices include (but are not limited to) hip replacements, stents, crutches, and many others. Numerous medical devices may even be implanted in a patient’s body. This can naturally pose some risk of harm.
The government does take steps to reduce the odds of dangerous medical devices hurting anyone. In 1976, the Medical Device Amendments were added to the Federal Food, Drug, and Cosmetic Act. One of their purposes was to determine the degree of government regulation and oversight a medical product requires before a company can market it. The amendment established three distinct classes for medical devices:
The potential for products in Class I to harm patients is fairly minimal. Thus, these products often don’t need to undergo any significant regulatory or approval processes. An elastic bandage is an example of a product in this class.
Class II accounts for nearly half of all medical devices. An example of a Class II product might be a pregnancy test kit. Because the risk of harm to a patient is greater than that associated with a Class I product, Class II products undergo stricter regulation.
The risk of injury or illness Class III devices present is often fairly high. These products may serve to keep someone alive, and are thus used despite the risks they pose. Many devices in this class are implanted in patients.
Working With a Defective Medical Device Law Firm in Miami, FL to Protect Your Injury Rights
The FDA’s approval process ideally prevents dangerous products from being sold to medical providers. That said, sometimes defective medical devices still reach patients and/or their physicians in Miami, resulting in harm.
It’s important to work with a qualified defective medical device lawyer in Miami if you think you or a loved one has suffered because of a problem with a medical device. An experienced attorney like Brian L. Elstein will understand the various nuances of the lawsuit process.
Establishing Liability in Miami Defective Medical Device Cases
For instance, in order to hold the responsible parties liable in a defective medical device case in Miami, FL, you need to first establish liability. That involves determining the cause of the problem. This isn’t always immediately clear.
There are several parties that may be liable when a defective medical device harms a patient. Injury or illness resulting from an inherent design flaw would typically render the company that sold the product liable. However, manufacturing errors can also cause defects. This is particularly common among medical products manufactured in large factories, where an abundance of equipment makes it easy to overlook problems. The manufacturer would be liable in a Miami product liability lawsuit if the defect could be tied back to them.
Sometimes a medical device may harm a patient because the patient didn’t understand the potential risks or dangers associated with the product. Or, they might have misused it in a way they did not know was improper and dangerous. This could theoretically happen if the parties marketing the device failed to provide customers with sufficient warning. Thus, they might be liable.
Along with those common circumstances, there are times when the liable party may be a lab that tested a product but overlooked defects, a marketing firm that improperly persuaded a doctor to use or prescribe a harmful device, or even a physician who didn’t warn you about the risks of using a given device.
With the right Miami, Florida defective medical device attorney, you can determine who is liable. This is key to building a strong case.
The Building Blocks of a Successful Defective Medical Device Lawsuit in Miami, Florida
Additionally, an expert Miami product liability lawyer – like one from Elstein Legal – will ensure you prove all necessary points to justify your lawsuit. When building a defective medical device case, you need to specifically prove the following:
- It was the liable party’s duty of care not to cause you harm
- Negligence resulted in a breach of that duty
- Your injuries were the direct result of the liable party’s negligence
- Your injuries caused you to suffer compensable damages
At Elstein Legal, you’ll find a personal injury law firm in Miami, Florida that embodies both experience and dedication, helping you build the most persuasive case possible.
An Overview of Miami Product Liability
Medical devices are by no means the only types of products that can cause harm. Many others can also injure customers. Luckily, if you’re looking for a strong general product liability lawyer in Miami, Elstein Legal also offers the services you need.
Florida statutes define a product liability action as “a civil action based upon a theory of strict liability, negligence, breach of warranty, nuisance, or similar theories for damages caused by the manufacture, construction, design, formulation, installation, preparation, or assembly of a product. The term includes an action alleging that injuries received by a claimant in an accident were greater than the injuries the claimant would have received but for a defective product.”
How Product Liability Lawyers in Miami Prove Fault
In other words, if you were hurt because of a defective product, you need to prove that a defect caused the harm, and that the harm was greater than any potential harm you might have otherwise experienced using the product had it not been defective in some way. That means you can’t necessarily expect to receive compensation if you were injured using a product that carries with it the inherent risk of injury.
For example, maybe you injured yourself falling off your bicycle. This doesn’t guarantee a product liability case is warranted. Most reasonable people know that riding a bicycle involves the risk of potentially falling off it. However, if you were injured because a manufacturing error resulted in a flaw in the bicycle’s braking system, and that flaw prevented you from stopping the bicycle when you wanted to, you might have a case.
Again, these types of cases are much easier to win when you coordinate with a trustworthy product liability law firm in Miami. As with defective medical devices cases, you need to work with a professional to determine exactly who might be liable.
The right personal injury lawyer in Miami, Florida may also help you better understand what steps you can take to strengthen your case. For instance, when filing product liability lawsuits, it’s often very important for plaintiffs to keep the product that caused their injury, as well as any packaging, manuals, and other relevant documentation that may serve as evidence. The Miami product liability attorneys at Elstein Legal will work with you to ensure you know what to do to prove your argument.
A Skilled Product Liability Law Firm in Miami, FL Helps You Receive Fair Compensation
Elstein Legal can also help you get the full compensation you deserve. Quite simply, if you’re not a legal professional, you’re likely not familiar with the nuances involved in calculating compensation. This could result in calculating a lower amount than you’re owed if you don’t coordinate with an expert Miami product liability lawyer.
For example, you’d want to be compensated for any financial losses resulting from the harm a product caused, such as medical bills and lost wages. That said, you might have also experienced other consequences for which you deserve to be compensated. Perhaps the nature of your injuries prevents you from enjoying an activity that once brought you pleasure. Or, maybe you’ve developed anxiety and/or depression recovering from your injuries.
In some cases, factors such as these can also be accounted for when calculating total damages. Hire the right Miami product liability attorney, and you’ll be more likely to get all the compensation to which you’re entitled.
Why Choose Elstein Legal as Your Miami Personal Injury Lawyer?
There are certain qualities you need to look for when seeking a personal injury law firm in Miami, Florida.
A proven track record is one of those qualities. You need an attorney who can demonstrate they’ve successfully helped people like you in the past. Luckily, if you choose Elstein Legal, you’ll get representation from a personal injury lawyer in Miami, FL who’s already recovered millions of dollars for former clients.
Knowledge is another important quality. Before starting Elstein Legal, Brian L. Elstein was an attorney at another Miami law firm. His duties frequently involved litigating personal injury claims. This experience provided him with a unique glimpse into the way large self-insured companies defend themselves. He applies what he learned during this period now, leveraging a thorough understanding of the defense tactics you may be up against.
Mr. Elstein believes every client deserves aggressive advocacy. Choose Elstein Legal as your Miami, Florida personal injury law firm and we’ll make sure we take all necessary steps to ensure you get a proper settlement. Contact us today.