Austin Defective Medical Device Lawyer

Top Rated Defective Medical Device Lawyers in Austin, TX

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Austin Defective Medical Device Lawyers Helping Injured Patients

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If you have been injured by a defective medical device, you may be entitled to substantial compensation through a defective medical device lawsuit. The team of experienced defective medical device attorneys at the Hastings Law Firm understands the physical, emotional, and financial toll such injuries can have on your life.

We respect the attorney-client relationship and are dedicated to helping injured patients in Austin seek justice and fair compensation for their losses. Take the first step by contacting our Austin defective medical device attorneys for a free case evaluation. Let us fight on your behalf to secure the justice and rightful compensation you deserve.

Why You Need a Personal Injury Law Firm Specializing in Defective Medical Device Lawsuits

Defective medical devices can cause serious harm to patients. These devices are meant to improve medical conditions, but when they fail to function properly, they can lead to serious injuries, complications, and even death. Pursuing a defective medical device lawsuit is a complex and challenging process that requires in-depth knowledge of product liability laws and expertise in handling medical device cases. 

Here’s why you need a personal injury law firm that specializes in these types of lawsuits:

Experience and Expertise

A law firm specializing in dangerous medical device cases has a deep understanding of the legal complexities and challenges involved. They have experience handling similar cases and are equipped to investigate the device, gather evidence, and build a strong case on your behalf.

Medical Knowledge

These law firms work closely with medical experts who can evaluate a person’s health and the adverse events caused by the medical device. They will review medical records and provide expert opinions on the device’s defects and the resulting harm. Their expertise helps establish a clear connection between the defective medical equipment and your injuries, strengthening your case.

Resources for Investigation

Defective medical device lawsuits often require extensive investigation to uncover crucial evidence. Law firms specializing in these cases have the necessary resources, including access to expert witnesses, to thoroughly investigate the device, its design, manufacturing processes, and any potential negligence on the part of the manufacturer.

Negotiation and Litigation Skills

Skilled defective medical device attorneys possess strong negotiation skills to engage with medical device companies and their insurance representatives. If a fair settlement cannot be reached, they are prepared to take your case to trial and fight for your rights in court.

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What is a Medical Device?

Medical devices are instruments, apparatuses, implants, or machines used to diagnose, treat, or prevent medical conditions. They play a crucial role in improving patient outcomes and quality of life. However, when these devices are defective, they can pose serious risks to a patient’s health and well-being.

Defective Medical Devices

A defective medical device is one that has a flaw in design, manufacturing, labeling, or marketing, rendering it unreasonably dangerous for its intended use. The defects can result in a device that fails to function as intended, causes injuries, or poses unforeseen risks to patients. Common types of defective medical devices include:

  • Arteriovenous Fistulas
  • Artificial Joints
  • Artificial Spinal Discs
  • Blood Transfusion Medical Equipment
  • Cardiac Pacemakers
  • Catheters
  • Central Venous Catheters
  • Hip Implant Devices
  • Coronary Artery Bypass Grafting (CABG)
  • Dialysis Machines
  • Facial Prosthetics
  • Gastric Banding
  • Glaucoma Drainage Devices
  • Implantable Defibrillators
  • Infant Feeding Pumps
  • Intrauterine Devices
  • Joint Replacements
  • Laparoscopic Surgical Procedures
  • Orthopedic Braces
  • Oxygen Concentrators
  • Pacemaker Leads
  • Partial Hip Replacement Components
  • Prosthetic Heart Valves
  • Respiratory Therapy Equipment
  • Stents
  • Surgical Meshes Used in Hernia Repair Surgeries
  • Tissue Expanders
  • Transurethral Prostatectomy
  • Urinary Catheters
  • Vascular Access Devices
  • Ventilators
  • Wound Closure Devices

This list is not comprehensive but does mention some of the more common medical devices with known defects. 

Medical Device Recalls

The Food and Drug Administration (FDA) plays a critical role in ensuring the safety and effectiveness of medical devices in the United States. The FDA may issue a recall for a medical device if it poses a significant risk to patient health and safety. 

Reasons for a medical device recall include:

  • Design Defects: When a device’s design is inherently flawed and poses risks to patients.
  • Manufacturing Defects: When a batch or series of devices are improperly manufactured, leading to defects or malfunctions.
  • Labeling Deficiencies: When a device lacks adequate warnings, instructions, or proper labeling to alert users about potential risks and precautions.

What to Do If Your Medical Device Has Been Recalled

If you have a medical device that has been recalled, it is crucial to take immediate action to protect your health and legal rights:

  • Contact Your Healthcare Provider: Inform your healthcare provider about the recall and seek their guidance on how to proceed.
  • Follow Medical Advice: If your healthcare provider advises you to discontinue using the device, follow their instructions.
  • Document Everything: Keep records of any adverse effects you have experienced and any medical treatments or procedures required.
  • Preserve the Device: If possible, retain the device and any associated documentation, such as invoices or receipts.

If you have any adverse events resulting from the recalled device, you should contact a personal injury attorney to discuss your legal options. 

Potential Medical Device Complications

Depending on the device and its purpose, individuals can experience a range of complications due to faulty devices. These complications may include:

Metal on Metal Hip Implant Complications

A total hip replacement is a surgical procedure that replaces a damaged or arthritic hip joint with an artificial joint made of metal, ceramic, or plastic components. However, metal-on-metal hip implants have been associated with various complications, including:

  • Metallosis: The release of metal particles from the implant can cause metallosis, resulting in tissue and bone damage.
  • Implant Loosening: The implant may become loose over time, leading to pain, instability, and the need for revision surgery.
  • Infection: Infection can occur at the surgical site, leading to pain, inflammation, and the potential for sepsis.
  • Fracture: The implant or the bone around it may fracture, necessitating additional surgeries to repair or replace the implant.
  • Dislocation: The hip implant may dislocate, causing severe pain and requiring medical intervention.
  • Other Complications: Deep vein thrombosis, nerve damage, leg length discrepancy, and limited mobility are other potential complications associated with hip implants.

Knee Implant Complications

Knee implants are used to replace damaged or diseased knee joints. Complications associated with knee implants may include:

  • Infection: Infection at the surgical site can lead to pain, swelling, redness, and potential long-term damage.
  • Implant Loosening: Over time, the implant may become loose, causing pain, instability, and the need for revision surgery.
  • Fracture: The implant or the surrounding bone may fracture, requiring additional surgical interventions.
  • Allergic Reactions: Some patients may experience allergic reactions to the materials used in the knee implant, leading to inflammation and pain.
  • Limited Range of Motion: Certain surgical implants may restrict the normal range of motion, limiting mobility and causing discomfort.

Shoulder Implant Complications

Shoulder implants are used to replace damaged or diseased shoulder joints. Complications associated with shoulder implants may include:

  • Infection: Infection at the surgical site can lead to pain, swelling, redness, and potential long-term damage.
  • Fracture: The implant or the surrounding bone may fracture, requiring additional surgical interventions.
  • Dislocation: The shoulder implant may dislocate, causing severe pain and requiring medical intervention.
  • Nerve Damage: Nerve damage during surgery can lead to weakness, numbness, or loss of sensation in the affected arm.

Surgical Hernia Mesh Complications

Hernia mesh is a medical device used to reinforce weakened tissue and support hernia repairs. However, complications associated with surgical hernia mesh can include:

  • Mesh Migration or Shrinkage: The mesh may shift from its intended position or shrink, leading to pain, discomfort, and recurrent hernias.
  • Adhesion Formation: The mesh can cause adhesions, where scar tissue develops and sticks to nearby internal organs or tissues, leading to pain and severe complications.
  • Bowel Obstruction or Perforation: In some cases, the mesh can cause bowel obstruction or perforation, requiring immediate medical intervention.
  • Chronic Pain: Some individuals experience chronic pain or discomfort at the surgical site, affecting their quality of life.

Who is Liable for Defective Medical Devices?

In product liability cases involving defective medical devices, several parties may be held liable for the injuries and damages caused:

Manufacturers

Medical device manufacturers have a duty to produce safe and effective devices. If they fail to meet this duty and release dangerous medical devices into the market, they may be held responsible for any resulting injuries.

Distributors

Distributors play a role in the supply chain of medical devices. If they knew or should have known about a device’s defects and failed to take appropriate action, they can be held liable for injuries caused by the device.

How Do You Prove a Medical Device is Defective?

Proving that a medical device is defective requires demonstrating specific elements to establish liability. To successfully prove a medical device is defective, the following factors need to be shown:

  • Manufacturing Defect: You must show that the malfunctioning device you received was different from the manufacturer’s intended design or specifications, and this defect directly caused your injuries.
  • Design Defect: You must demonstrate that the device’s design was inherently dangerous or defective, and a safer design was feasible and economically viable at the time.
  • Failure to Warn: You must establish that the manufacturer or distributor failed to provide adequate warnings, instructions, or labeling about the device’s potential risks and dangers.

Evidence Required to Support Your Case May Include

  • Medical Records: Documentation of your injuries, treatment, and any adverse health consequences caused by the device.
  • Expert Testimony: Testimony from medical experts who can establish a connection between the device’s defects and your injuries.
  • Device Documentation: Any documentation related to the device, including invoices, receipts, and packaging.
  • Manufacturing and Design Documents: Evidence showing flaws in the manufacturing or design processes contributing to the device’s defects.

Having an experienced medical device attorney by your side is essential when trying to prove that a faulty device caused you harm. At Hastings Law Firm, we offer a free case review to assess your situation’s details and provide personalized guidance on the best course of action.

Why Are There So Many Defective Devices?

The medical device industry is vast and diverse, with numerous companies involved in designing, manufacturing, and distributing medical devices across the United States. While the majority of devices meet safety standards, there have been instances of defects that pose risks to patients. Factors contributing to the presence of defective medical devices include:

  • Complex Design and Manufacturing Processes: Many medical devices often involve intricate designs and manufacturing processes that can introduce potential flaws or defects.
  • Regulatory Challenges: While regulatory bodies like the FDA strive to ensure the safety and effectiveness of medical devices, the approval process may not catch all potential issues.
  • Lack of Stringent Testing: Some devices may undergo inadequate testing and clinical trials before being released into the market, leading to unforeseen risks and defects.
  • Human Error: Errors or oversights during the manufacturing or assembly process can result in defective devices.
  • Insufficient Post-Market Surveillance: Monitoring the safety and performance of devices after they are on the market can be challenging, potentially delaying the identification of defects.

Medical Product Liability Claims in Austin Against Manufacturers

A product liability claim arises when a defective medical device causes injury or harm to a patient. In Austin, to hold a manufacturer liable for a defective medical product, you must establish the following medical malpractice elements:

  • Defect: You must demonstrate that the device was defective in design, manufacturing, or labeling.
  • Causation: You must establish a causal connection between the device’s defect and your injuries.
  • Damages: You must prove that you suffered damages as a result of dangerous medical devices, such as medical expenses, lost wages, pain and suffering, or wrongful death.

Austin Defective Medical Device Claims Against a Manufacturer

When filing a defective medical device claim against a medical device manufacturer for negligence, you must show that:

  • The manufacturer owed a duty of care to produce a safe and effective product.
  • The manufacturer breached that duty of care by producing a defective medical device.
  • The defective medical device was the direct cause of your injuries.
  • You suffered damages as a result of the manufacturer’s negligence.

Why Do I Need a Lawyer for a Defective Medical Device Civil Lawsuit?

When facing a defective medical device civil lawsuit, it is crucial to have the support and guidance of a skilled lawyer. Defective medical device cases are complex and challenging, requiring extensive legal expertise to navigate the intricacies of product liability laws, regulations, and court procedures. By having a personal injury lawyer specializing in these cases, you benefit from their deep understanding of the legal process and their ability to build a strong case on your behalf.

One key role of your lawyer is to conduct a thorough investigation into dangerous medical products and gather compelling evidence to support your claim. They will consult with medical experts who can provide professional insights into the device’s defects and establish the direct link between those defects and the injuries you have suffered. This collaboration with medical professionals strengthens your case and reinforces the connection between the device’s flaws and the harm caused to you.

Additionally, a skilled lawyer possesses strong negotiation skills. They can engage with the manufacturer and their insurance representatives to seek a fair settlement that adequately compensates you for your damages. These negotiations require strategic advocacy to ensure your rights are protected, and your best interests are represented.

In the event that a settlement cannot be reached, a lawyer with trial experience will be fully prepared to take your case to court. They will present your case effectively, utilizing their courtroom expertise to fight for your rights and seek the compensation you deserve.

By entrusting your defective medical device lawsuit to an experienced personal injury attorney, you can navigate the legal complexities with confidence, knowing that you have a dedicated professional on your side. They will handle the legal intricacies, investigate your case thoroughly, consult with medical experts, negotiate on your behalf, and, if necessary, take your case to trial. With their guidance and support, you can seek justice and hold the responsible parties accountable for the harm caused by the device.

How Long Do I Have to Contact a Defective Medical Device Attorney in Austin, Texas?

In Texas, there are specific time limits, known as the statute of limitations, within which you must file a defective medical device lawsuit. According to the Texas civil code, the statute of limitations for personal injury claims, including those related to defective medical devices, is two years from the date of the injury or the date you discovered or should have discovered the injury.

Due to the statute of limitations, contacting a defective medical device attorney as soon as possible is crucial to ensure your legal claim is filed within the prescribed time frame.

What Compensation Are You Entitled to From a Defective Device Manufacturer?

If you have been injured by a defective medical device, you may be entitled to various types of compensation, including:

  • Medical Expenses: Compensation for medical costs, including past, current, and future medical bills related to your injuries caused by the defective device.
  • Lost Wages: Reimbursement for lost income due to missed work or reduced earning capacity resulting from your injuries.
  • Pain and Suffering: Compensation for physical pain, emotional distress, mental anguish, and loss of enjoyment of life caused by the device.
  • Wrongful Death Damages: If the use of a defective medical device resulted in the wrongful death of a loved one, you may be eligible to seek compensation for funeral expenses, loss of financial support, and loss of companionship.

Hire an Attorney Who Specializes in Medical Device Defects

By choosing Hastings Law Firm, you gain the advantage of our specialized expertise in dealing with defective medical device cases. Our team of skilled medical malpractice attorneys in Austin has comprehensive knowledge of state laws and federal regulations, enabling us to construct a compelling case on your behalf. We have valuable connections to medical experts and helpful resources that enable us to conduct thorough investigations and gather persuasive evidence to support your legal claim.

With our contingency fee arrangement, you can have peace of mind knowing that you won’t face any upfront fees. Our personalized approach ensures that you receive compassionate representation throughout the entire process. Don’t let medical complications from a faulty medical device ruin your life. Call today for a free consultation and to discuss your legal options.

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We represent clients from all across Texas. If you or a loved one has been injured by medical negligence of a healthcare provider or facility, contact us now for a free consultation. Our personal injury attorneys will review the details of your case, make sure you understand your legal rights, and discuss the possibilities of a lawsuit. Call us at the number below or complete the form and a member of our staff will contact you as soon as possible. All consultations are strictly confidential.

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