Louisiana residents that are injured by a dangerous or defective medical device may be entitled to seek damages under a products liability claim. Such devices include surgical implants, prosthetic devices and hearing aids, among many others. Products liability claims can be complex, however, so those pursuing such a claim should ensure that they have appropriate evidence and testimony to support their assertion.
One of the initial concerns often encountered in these cases is abiding by the applicable statute of limitations. States provide set timeframes under which legal action can be taken pursuant to a product liability claim. The issue with defective medical device claims is that there is typically a lengthy time period between device exposure and injury awareness. As a result, most states have enacted rules that do not start the time period until the victim becomes aware or should be aware of the injury.
Another issue often encountered in defective medical device claims is whether the claim should be based on medical malpractice or products liability. When device manufacturers provide adequate warning about the potential dangers of the device, the duty to warn and ensure safety is moved to the practitioner administering the device. Injured patients should be aware of this distinction and the facts that apply to their case. Injured victims should also be aware of FDA regulations that govern the product. If the regulations are strict in nature and the manufacturer has met all applicable standards, it may be difficult to push forth a products liability claim based on the device.
Patients go in for treatment of their conditions and have an expectation that they will not be injured further as a result. When they are injured by a medical device that is defective in nature they may pursue legal remedies to compensate them for any resulting damages that they incur.
Source: Findlaw, "Medical Product and Device Defects," accessed on July 12, 2015