Most people injured by a medical device know they can file a claim against the manufacturer. However, many people don’t know how to go about doing this. As a result, they end up making common mistakes that can jeopardize their chances of getting compensated.
This blog post will discuss five common mistakes people make while filing a defective medical device claim. If a defective medical device has injured you, avoid these mistakes to increase your chances of getting compensated.
What is a defective medical device?
A defective medical device is a product that fails to meet the safety and efficacy standards set forth by the FDA. These products can pose severe risks to patients, including death or injury. If you believe a defective medical device has harmed you or a loved one, you must speak with an experienced attorney who can help you understand your legal options.
Many defective medical devices range from implantable devices, such as pacemakers and artificial hips, to life-saving devices, such as defibrillators and heart valves. When these devices fail, the consequences can be devastating. In some cases, patients have died because of their injuries. Others have suffered permanent disabilities that have left them unable to work or care for themselves.
What are the five common mistakes people make while filing a defective medical device claim?
- Not Filing a Claim Within the Statute Of Limitations
The first mistake people make is not filing their claim within the statute of limitations. Each state has different statutes of limitations, so it’s essential to check the deadline in your condition. You will be barred from bringing a claim if you miss the deadline.
- Not Knowing What to Include in Their Claim
The second mistake people make is not knowing what to include in their claims. When you file a claim, you must have all relevant information about your injuries and damages. If you leave out important information, it could weaken your case or even get your claim dismissed.
- Not Getting Proper Medical Treatment
The third mistake people make is not getting proper medical treatment for their injuries. Suppose you want to recover compensation for your injuries. In that case, you need documentation from a doctor or other medical professional detailing the extent of your injuries and how the defective medical device caused them. This documentation is necessary to prove your case and recover compensation.
- Not Hiring a Qualified Attorney
The fourth mistake people make is not hiring a qualified attorney to help them with their claims. Defective medical device claims can be complex, and it’s essential to have an experienced attorney who can help you navigate the legal process and maximize your chances of recovering compensation.
- Accepting A Low Settlement Offer
The fifth mistake people make is accepting a low settlement offer from the manufacturer or their insurance company. Often, these offers are much lower than what you could recover if you take your case to trial. If you are offered a settlement, have your attorney review it before accepting it.
Contact and visit us at 2H Law.
If a defective medical device has harmed you or a loved one, it is essential to contact an experienced attorney who can help you navigate the process of filing a claim. The attorneys at 2H Law have over 40+ years of experience handling these cases and are here to help you get the compensation you deserve.
You can reach us by phone at (619) 374-9320. We offer free consultations, so please do not hesitate to contact us to discuss your case.