Clark, Love & Hutson, PLLC

Legal considerations when dealing with defective medical devices

Medical devices save lives all the time. But, the unfortunate reality is that some medical devices turn out to be more dangerous than helpful. Defective medical devices can change a person's life at a time when he or she probably thinks that things are going to get better. When defective medical devices harm Texans, those individuals need to know the various factors that may be involved in any potential legal action.

For starters, there are timeframes to be aware of in terms of filing an actual lawsuit, if that is the desired course of action. State law determines when a lawsuit must be filed - or if it is too late. Secondly, a lawsuit based on a defective medical device can draw from two separate areas of the law: medical malpractice and products liability. While these are both sub-areas of the larger realm of "tort" law, there are nuances to these areas of the law, which is why victims need to get the right information about their own unique circumstances and how the law will apply.

Lastly, it is important for victims to understand how federal regulations may play a role in their case. The Food and Drug Administration, commonly referred to as the "FDA," regulates medical devices both before and after they reach the marketplace. If a manufacturer of a medical device does not comply with FDA regulations, then that fact could become a key part of a lawsuit.

A defective medical device can ruin a person's life and lead to significant financial repercussions. Pursuing legal options may be a way to get financial compensation for damages suffered.

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