Who Is Liable for a Defective Medical Device?

According to Indiana Code § 34-20-2-1, a product is considered defective if it’s unreasonably dangerous to the user or consumer. This can be due to design defects, manufacturing defects, and failure to warn of known dangers. 

On the other hand, the responsibility for a defective medical device can extend beyond just the manufacturer. Indiana Code § 34-20-2 talks about product liability actions, and affirms that all parties involved in the chain of distribution can be held liable for injuries caused by a defective product. This includes manufacturers, distributors, suppliers, and even healthcare professionals who recommended or administered the device.

Keeping Indiana law in mind it’s essential when pursuing a defective medical device claim. Indeed, knowing Indiana’s medical malpractice system is necessary to determine the liable parties in your case and ensure all potential avenues for compensation are being considered.

Examples of Medical Device Errors That Lead to Lawsuits in Indiana

Medical devices are meant to improve people’s health and well-being, but when they fail, the impact on the patient can be devastating. Below is a list of a few examples of medical device errors:

  • Defective hip implants
  • Faulty pacemakers
  • Surgical mesh complications
  • Defective heart valves
  • Malfunctioning insulin pumps

If you’ve been injured by a defective medical device and are looking to explore your legal options, keep in mind that you are entitled by Indiana code to recover compensation for your injuries.

Recovering Damages for Medical Device Errors in Fort Wayne

Compensation for damages following an injury caused by a defective medical device can encompass both economic and non-economic losses. Let’s delve into each category:

Injuries Arising from Medical Device Errors

Medical device errors can result in severe and life-altering injuries. According to Indiana law, individuals affected by such errors may pursue legal remedies to obtain compensation for their pain, suffering, and the related medical expenses. Common injuries stemming from faulty medical products include:

  • Infections
  • Organ damage
  • Nerve damage
  • Chronic pain
  • Disability
  • In extreme cases, wrongful death

Under Indiana law, victims and their families may seek compensation for medical bills, lost earnings, and other financial losses stemming from these injuries.

Non-Economic Damages

In addition to economic losses, you may also be eligible to receive non-economic damages. These damages encompass intangible losses such as pain and suffering, emotional distress, and deterioration in quality of life.

Quantifying non-economic damages can be challenging, yet they hold equal significance to economic damages in facilitating your recovery and restoration to normalcy. It’s noteworthy that Indiana law imposes a cap on damages awarded in certain instances: in medical malpractice cases, the cap stands at $1.8 million. However, your legal counsel will assist you in accurately evaluating the applicable damages.

Don’t Settle for Less – Claim Compensation to Recover From Your Injuries

Filing a medical malpractice lawsuit is the first step in taking action to protect your rights after being injured by a defective medical device. Here’s how to do it:

How to File a Medical Malpractice Lawsuit for a Device Error

Filing a medical malpractice lawsuit for a device error involves several steps to ensure a successful outcome:

    1. Schedule a consultation: Consult with an experienced attorney who specializes in medical malpractice cases, who can determine whether you have a case and guide you through the legal process.
    2. Gather evidence: Your attorney will conduct a thorough investigation into the circumstances surrounding the medical device error. At this stage, it’s crucial to collect evidence like medical records, bills, and other documents related to your injury to build a strong case.
    3. Search for expert opinions: Experts in relevant medical fields may be consulted to provide opinions on the standard of care and the error’s impact, which can also strengthen your case.
    4. File a complaint: The next step is to file a medical malpractice complaint that outlines all the details regarding your case.
    5. Negotiation: Afterwards, a medical malpractice lawyer will negotiate with the at-fault parties or their insurers to seek a fair settlement.
    6. Litigation: If a settlement cannot be reached, your attorney will proceed to file a lawsuit, take your case to trial, and represent you in court.

Get a Free Consultation With a Fort Wayne Defective Medical Device Attorney

After being injured by a defective medical device, it’s important to speak with an experienced attorney as soon as possible, since there are time limitations for medical malpractice cases in Indiana. An experienced medical device attorney can help you understand your legal options and guide you through the process of pursuing compensation for your injuries.

At Christie Farrell Lee & Bell, we have over 40 years of experience handling personal injury cases in Indiana, including medical malpractice claims that include device errors. To discuss your situation and explore your legal options, don’t hesitate to contact us and get a free consultation with a Fort Wayne personal injury lawyer.