On behalf of Faricy Law Firm, P.A. posted in blog on Friday, May 12, 2017.
Millions of Americans depend on medical devices to improve their quality of life. What happens, though, if a medical product has the reverse effect? Sadly, numerous individuals in Minnesota and elsewhere have suffered injuries or even death due to the use of defective medical products. Have you suffered injuries or lost a loved one to such an issue?
If you believe you or a loved one have fallen victim to a defective medical product, you may have the right to pursue a liability claim against those responsible for your losses. Before taking such a step, here are some things you need to know.
How long do I have to file such a claim?
As is true for all civil claims, there is a statute of limitations placed on product liability claims. Every state has the right to set the time frame it feels is acceptable. In Minnesota, the time limit to file such a claim is four years from the date of injury or death.
Is a product liability claim the right legal action?
Sometimes, products are clearly defective, and other times, medical malpractice may be to blame for a device malfunctioning. Or, sometimes, product manufacturers depend on health care providers to explain the risks of using their devices, but this fails to happen. So, is the issue then a case of medical malpractice or a case of product liability? There is often a fine line between these two legal actions in such cases. Your legal counsel, after investigating your case, will be able to determine which claim is appropriate for your situation.
Before the use of medical devices, they must first meet the regulations set forth by the Food and Drug Administration. If there is any evidence that a product that caused injury or death was distributed and used without meeting FDA requirements, the manufacturer and others in the chain of supply may be legally responsible for the losses suffered by the victim or his or her surviving family members.
Get your questions answered and seek compensation for your losses
If you have suffered injuries or lost a loved one due to the use of a defective medical product, you may not know what your options are for seeking compensation. An experienced attorney can answer any questions you have and help you pursue compensation through legal means if deemed appropriate to do so.