Has a medical device caused you harm or failed to work properly in Tampa, FL? If so, you may be able to recover compensation for your medical bills, lost wages, and suffering.
The Tampa medical device liability lawyers at Catania & Catania, P.A., can help you stand up to the company responsible for the product and fight to get you the money you deserve. We’ve been helping families throughout the Tampa Bay area since 1992, winning more than $500 Million in compensation for them in the process.
How Catania & Catania, P.A., Can Help With Your Tampa Medical Device Liability Claim
Defective or ineffective medical devices have the potential to cause serious harm. If a medical product has caused injury or death, allowed your condition to worsen, or caused the death of a loved one, the company behind it must be held accountable. You deserve to be compensated accordingly – and Catania & Catania, P.A., can help.
When you hire our Tampa personal injury lawyers, you’ll have more than 120 years of collective legal experience behind you. You’ll benefit from our vast resources and have passionate attorneys fighting for you around the clock.
We’ll draw on our experience and resources to:
- Conduct a thorough investigation into your injury, determine how the device failed, and identify all liable parties
- Prepare, value, and file a lawsuit on your behalf
- Coordinate with experts to build evidence and devise strong legal and factual arguments to support your case
- Aggressively negotiate with insurance companies to get you top dollar for your case, and
- Have our accomplished trial lawyers bring your case to a judge and jury, if necessary.
By allowing us to handle your claim or lawsuit, you can focus on your own needs during this difficult time. Thanks to our aggressive approach, we’ve recovered hundreds of millions of dollars for our various clients over the course of decades. Call now to get started with your free case evaluation to learn more.
What is Medical Device Liability?
The designers, manufacturers, marketers, and sellers of medical devices have certain responsibilities and duties.
- Ensuring medical devices are free of defects that can cause harm or render them ineffective
- Ensuring those using and prescribing the use of medical devices are aware of their potential to cause harm, and
- Providing accurate and thorough instructions for using medical devices.
Those prescribing the use of medical devices and inserting them also have important duties.
- Prescribe the use of necessary devices (and not prescribe the use of unnecessary devices)
- Insert medical devices properly
- Ensure medical devices are sterilized
A medical device can cause harm or even death if one of the parties mentioned here is negligent. Additionally, even if a medical device doesn’t directly cause harm, a patient’s condition may worsen if the wrong medical device is prescribed, or if it’s inserted in such a way that makes it ineffective
What Medical Devices Could Potentially Be Defective or Cause Harm?
In truth, any medical device has the potential to cause harm. This is true if (a) it’s defective in teh way it’s designed, assembled, or marketed, or (b) not inserted or applied properly by a medical professional.
Over the past couple of decades, the United States has seen its fair share of medical device mistakes, mishaps, and problems.
Devices that have been identified as being particularly problematic include:
- Surgical mesh, including pelvic and hernia mesh
- IVC filters
- Joint replacement devices, like metal-on-metal hip implants
- Contraceptive devices, like IUDs.
Virtually any medical device can potentially harm or kill a patient. Consult with an expert if you believe a medical device you or a loved one used caused harm or death.
Who’s Ultimately Liable for Harm Caused By a Medical Device in Florida?
There are two primary parties to consider when you’ve been injured because of a medical device: the manufacturer and your healthcare provider (or hospital).
Medical Device Manufacturers
In some instances, Florida’s product liability laws apply when a medical device causes harm. You might be able to pursue compensation by filing a product liability claim or lawsuit if:
- A medical device’s designer overlooked defects or features that could cause harm (defective design)
- A medical device was not manufactured according to proper specifications (manufacturing defect)
- Those involved in marketing and/or selling a medical device failed to openly disclose potential risks of using one (marketing defect or failure to warn).
In Florida, manufacturers can be strictly liable for defective products. This means you don’t have to prove the company exercised care in developing or marketing the product.
Hospitals and Healthcare Providers
There are also instances when recovering compensation in a medical device liability case requires filing a medical malpractice claim or lawsuit.
This may be the case if:
- A healthcare provider prescribed the use of a medical device that was unnecessary
- A medical device was inserted into a patient improperly
- A healthcare provider failed to adequately explain how to safely use and/or maintain a medical device
- A medical device wasn’t properly sterilized
- A healthcare provider failed to properly monitor a device
It may not be immediately clear who the liable party is when a medical device causes harm. Luckily, our Tampa medical malpractice and product liability lawyers have years of experience investigating these types of cases. We’ll help you accurately determine who may be responsible for your injuries – and resulting costs.
What Compensation Can I Get If I’m Harmed Because of a Defective Medical Device?
Both economic and non-economic damages may be available if you’ve been injured because of a medical device.
This can mean compensation for:
- Medical bills, including the cost of revision surgery, if necessary
- Lost wages resulting from your injury
- Pain and suffering
- Mental anguish
Sometimes juries award punitive damages in cases involving defective medical devices if there’s sufficient evidence to show that a company knew of very real and dangerous risks, but did nothing to warn potential users.
Our Tampa medical device lawyers can help you better understand what damages might be available in your particular case.
Schedule a Free Consultation With Our Tampa Medical Device Liability Lawyers
Medical devices should help to improve and save lives – not make them worse or cause harm. If you or a loved one has been injured because of a dangerous medical device, call Catania & Catania, P.A., for immediate assistance. Our Tampa medical device liability lawyers can help you seek full compensation for your injuries and suffering.
Your first case evaluation is absolutely free. Call our law firm to get our award-winning legal team in your corner today.