The Food and Drug Administration (FDA) is responsible for regulating medical devices in order to ensure the safety of the public. However, sometimes defective equipment or instruments pose a dangerous outcome, regardless of the FDA’s stringent approval process. Furthermore, most often cases involving a defective medical device have a medical malpractice component. In New Jersey, a physician has a duty to a patient to provide adequate and competent care. Even if a medical device is defective, an error that occurs as a result of the doctor’s failure will give rise to a medical malpractice claim.
A patient that suffers injuries as a result of a doctor’s failure may recover damages for the following:
- Current medical;
- Future care;
- Rehabilitation costs;
- Lost wages; and
- Pain and suffering, among others.
If you or a loved one is injured as result of a medical device malfunction, it may give rise to a claim that results in compensation directly from the manufacturer.
Product liability law holds a manufacturer responsible for design or manufacturing defects. A design defect is an issue with the product’s design and a manufacturing defect is a defect outside the scope of the intended design. In New Jersey, a product liability claim is based on either the legal theory of negligence or the legal theory of strict liability. Under the legal theory of negligence, a plaintiff must show that the manufacturer failed to exercise reasonable care to prevent the product defect. Whereas, a strict liability claim allows Plaintiff to recover damages regardless of whether the manufacturer knew or should have known about the defect.
If you or someone you love suffered injuries as a result of a defective medical device, you may have a claim for medical malpractice and or product liability. It is important to contact an experienced New Jersey medical malpractice and product liability attorney that may fight for the justice you and your family deserve. The attorneys at Rinaldo Law Group LLC are skilled medical malpractice, personal injury, and product liability lawyers, who will fight for the compensation you and your family are entitled to receive. Please contact us today at 908-352-2500 to schedule a free initial consultation.