Illinois Medical Device Error Attorney
Starting with the computers in the reception area, medical offices rely on a vast array of medical devices. Many of these gadgets, like office computers, rely on well-established technology and are convenient tools for doctors and patients. Other devices utilize new and relatively unproven technology. Furthermore, the gadget is central to patient health and safety. An error is not just an inconvenience. It could cause a serious or catastrophic injury.
The injury-causing issue could be human error or a mechanical problem. As outlined below, these different kinds of errors involve different liability issues. As for human error, doctors have vast training and experience. So, they have a very high duty of care. Basically, with great power comes great responsibility. Manufacturers have an even higher legal responsibility. A dangerous product could injure hundreds of thousands of people, or even more than that.
Regardless of the circumstances, the diligent Illinois medical device error attorneys at Wais, Vogelstein, Forman, Koch & Norman approach your claim for damages in much the same way. We thoroughly review your case to identify both your legal claims and potential defenses. Then, we collect evidence that supports your claims and refutes these defenses. Finally, when the case goes to trial, we never stop fighting for you.
Liability Issues
Usually, medical device manufacturers are strictly liable for the injuries their defective products cause. The issue could be a:
- Manufacturing Defect: A number of MoM (metal-on-metal) artificial hips have serious manufacturing defects. To save money, many manufacturers rely on cheap, foreign metal parts. Many of these components have high levels of cadmium and other toxins. These substances build up in the body and eventually cause serious injury, such as hip implant displacement or even a brain injury.
- Design Defect: Some products should never be made. Defective Philips CPAP breathing machines are a good illustration. These gadgets significantly reduce the symptoms of sleep apnea, a very serious condition that causes people to stop breathing as they sleep. But the CPAP machine’s vibrations break up sheets of polyurethane foam. These particles, which are highly toxic, then go directly into the patient’s lungs.
Generally, these victims must only prove causation. Usually, the only effective defense in these cases is the unforeseeable misuse doctrine, which is only applicable in limited cases.
A medical negligence claim has additional moving parts. To obtain compensation, these victim/plaintiffs must establish the following elements:
- Duty, or a legal responsibility to avoid unintentional injury,
- Breach, or a lack of care,
- Cause, or a connection between the lack of care and the injury, and
- Damages, or a tangible injury.
Common defenses in negligence claims include contributory negligence and assumption of the risk. Contributory negligence, or comparative fault, basically shifts blame for the incident from the tortfeasor (negligent party) to the victim. Assumption of the risk often involves a surgical or treatment waiver.
Damages Available
A Chicago medical device error attorney can obtain compensatory damages in both kinds of cases. These damages compensate victim/plaintiffs for their economic losses, such as medical bills, and their noneconomic losses, such as pain and suffering.
These damages force tortfeasors (negligent parties) to accept responsibility for the errors they make. Illinois would be an even better place to live if we all accepted responsibility for our mistakes.
Additional punitive damages are usually available in these cases as well. Jurors may award such damages if there is clear and convincing evidence that the defendant intentionally disregarded a known risk. A punitive damages cap may apply in some cases.
Reach Out to a Diligent Chicago Cook County Attorney
Injury victims are usually entitled to significant compensation. For a free consultation with an experienced Chicago medical device error attorney, contact Wais, Vogelstein, Forman, Koch & Norman by going online or calling 410-567-0800. You have a limited amount of time to act.
