Defective Medical Devices: How to Build a Product Liability Case

When a patient is injured because of a defective medical device, they need to know their rights. People who have been hurt can file a product liability claim against the responsible parties to get compensation. Product liability focuses on whether or not the product was reasonably safe. The product’s manufacturer or retailer is typically liable if the product contains an unreasonably dangerous defect. Here is some advice that can help injured patients.

Gather the Facts

An empty operating room with medical lights and an operating table in the middle of the room

A good first step for any patient who’s trying to build a product liability case is to gather as much evidence as possible. Liability claims are complicated, so injured parties need to document the defective product that was used, how they were hurt, and the total cost of the damages. The following are a few categories of product liability defects:

  • Design defects
  • Manufacturing defects
  • Marketing defects (failure to warn)

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