If you’ve been hurt by a defective medical device or a dangerous drug, then you need to take action to protect your interests. After all, the harm you’ve suffered is probably extensive, including pain, physical immobility, psychological turmoil and financial devastation brought on by medical expenses, rehabilitation costs and lost wages. But figuring out how to tackle one of these cases can be tricky. In fact, you may not even know where to start. While that can be stressful to think about, don’t worry. In this post we’ll look at some steps that you can take right now or in the near future to position yourself to build the effective claim that you want and need.
Steps for building an effective dangerous drug or defective medical device claim
Regardless of who you name as a defendant in your claim, you’re going to have to navigate a lot of legal nuances. The drug and medical device approval process can be complicated and challenging to understand, and evidentiary issues can be difficult to maneuver. That said, here are some steps that you can take to start building a strong case that positions you for success:
- Secure through medical treatment: Your immediate focus should be on protecting your health and your recovery. So, be sure to seek the treatment you need. But also keep in mind that your medical records and doctor’s opinions are going to play a pivotal role in proving your damages. Therefore, it’s important that you listen to your doctor and follow their recommendations as closely as possible.
- Speak to experts: You’ll need a strong understanding of the processes and uses of the medical device or drug in question to identify deficiencies that led to your injuries. An expert in the medical field might be able to help you do this, and their testimony can go a long way toward proving the elements of your case. Be sure to speak to your attorney about what sort of experts you might need in your case.
- Document everything: These kinds of cases are very fact sensitive. So, you need to keep meticulous records so that you can present a clear timeline of what happened to you and how your injuries have impacted your life. Put all communications in writing, keep a written journal and retain and organize all records you receive from your medical provider, the manufacturer and your employer.
- Anticipate defense arguments: Once you get a handle on the facts of your case, you and your attorney can probably figure out the legal strategy that’ll be utilized by the defense. Once you’ve done so, you’ll be in a better position to counter their arguments to protect the viability of your claim.
- Adequately prepare for a deposition: There’s a good chance that the defense will depose you to try to find weaknesses in your case. If you don’t prepare before sitting down for your divorce, then the defense might run all over you, thereby significantly weakening your case. Fortunately, by working with your attorney to practice answering questions and gain a broader perspective on your goals in a deposition, you can navigate the process with confidence while protecting your interests.
Diligently work to get the most out of your dangerous drug or defective medical device claim
There’s a lot of work ahead of you to build an effective legal claim. But don’t be daunted by the process. Instead, use it as motivation to work hard to build a strong case that puts you in a position to find accountability and recover the compensation you need and deserve. If that seems like too much to handle on your own, then you can turn to your attorney for aggressive advocacy and guidance.
