Similar to any other claim, evidence is central to a defective medical device action. The good news is that courts apply strict liability for product liability cases involving medical products. This means you don’t have to prove negligence; you just have to prove that the product was defective.
Even so, it can be challenging to prove that a device is faulty and is the cause of your injuries. Below are potential sources of evidence that can help support your claim.
Medical records
These are crucial pieces of evidence that document your:
- Medical history
- Diagnoses
- Treatments
- Follow-up visits
- The effect of the device on your health
You can request complete records from all healthcare providers involved in your treatment. These may include doctors, hospitals and specialists. Make sure these records clearly show when you used the device and any other issues that arose.
Device information
Collecting detailed information about the device is essential for identifying it and linking it to any known issues or recalls. The information should include:
- The device’s exact name
- Model number
- Serial number
- Lot number
- Manufacturer details
You can usually find this information on the device itself, its packaging or in your medical records. If you no longer have the device, ask your provider for this data.
Proof of purchase
It’s also important to show when and where you obtained the device. Doing so can help you establish a timeline and liability. For example, you can collect receipts, invoices or insurance claims.
Photos and videos
Visual evidence can be powerful in demonstrating the device’s defect and impact on your health. Take clear photos or videos of the device, focusing on any visible defects, damage or unusual features.
If the device caused physical injuries or symptoms, document these as well. But if the device is internal, collect imaging studies, such as X-rays and CT scans, that show the device and any related complications.
Medical expert testimony
Many medical product liability lawsuits will involve experts or specialists at trial. They can help support your case by providing an expert opinion on the device’s defect or malfunction.
Collecting evidence can be difficult—even more so if you are still recovering from your injuries. This is where an experienced lawyer can provide significant relief. They can help analyze your case, gather evidence and build a strong suit to hold liable parties accountable.
