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Medical devices used in today’s hospitals are life-saving. However, these instruments are only as effective as their manufacturers and the professionals who use them. If a manufacturer makes a mistake during a product’s design, or if a medical professional is unaware of how to properly use a device, you could suffer the consequences.
A New York medical device lawyer can help if you find yourself in such a situation. You don’t have to live with a medical device injury; you can take action. A New York personal injury lawyer from Morelli Law Firm can help you pursue compensation.
Standing by our motto, “Justice delivers. Lives empowered,” we’ve recovered over $1 billion for our clients. Call us today.
How to Get Financial Support After a Defective Medical Device Injury
We can pursue a civil trial or negotiate with medical device companies. Our attorneys know the most effective way to secure financial support for medical bills and damages after a defective medical device injury. Filing a civil suit is the best course of action. We get results. Period.
This legal backing empowers you to request the compensation you deserve, as a court’s involvement strengthens your case. To draft a legal complaint, contact a New York medical device attorney to begin the process. When addressing defective medical apparatus injuries, your complaint should specify the:
- Nature of your injury.
- Device that caused your injury.
- Defect in the device.
- Device’s manufacturer or the hospital whose staff caused the device to fail.
- Duty of care owed to you by the responsible parties.
- Violation of that duty of care.
Our legal team is here to support and empower you every step of the way.
Have You Been Injured In An Accident? Contact Morelli Law
877-751-9800How a New York Defective Medical Device Lawyer Can Help You
From the start of your case to its conclusion, we help you through the entire process. New York defective medical device lawyers can handle the complaint writing process for you, including contacting witnesses and gathering evidence of liability and duty of care. We ensure your documents are filed with the county clerk within the state’s deadline.
Whether your case involves defective products and stays in negotiations or goes to trial, you can rely on us. We manage communications with the allegedly liable party, preventing them from intimidating you out of legal action. Additionally, we calculate an estimate of your compensation to assess any settlement offers in your medical device lawsuit.
You’ll learn more about our services during an initial case evaluation with our New York personal injury lawyers. Together, we’ll determine how we can best serve your case and recover every last bit of damages owed.
Holding Manufacturers and Hospitals Accountable for Defective Medical Device Losses
To pursue a complaint regarding defects such as these, you must identify liability. Several parties could be responsible for a defective product, including:
- Manufacturers: Defects can occur in the design, manufacturing process, or marketing of the equipment.
- Hospitals and staff: Any device requiring a prescription, like a hip implant or breast implant, can see hospitals and their staff held accountable, especially if an injury occurs during surgery or active treatment.
- Distributors: Companies involved in distributing these tools can also be liable if they fail to handle or store the devices properly, leading to defects.
- Retailers: Medical supply stores or other retailers could be responsible if they sold a defective device or failed to provide proper usage instructions.
When filing a complaint, it’s crucial to detail all potential damages, including medical expenses, pain and suffering, and any ongoing treatment costs. Identifying the responsible parties and the extent of your damages is essential for building a strong case.
Contact our New York Personal Injury Lawyers today
877-751-9800New York’s Statute of Limitations on Product Liability and Medical Malpractice Cases
You can bring a defect claim forward under one of two names. Failures involving hospital staff negligence fall under the category of medical malpractice.
New York’s statute of limitations for medical malpractice, as stated in New York Civil Practice Law and Rules § 214-a, is strict. It allows you to file a complaint within two years and six months of enduring or discovering your injury.
Alternatively, you can choose to pursue a product liability case under CVP § 214-C. If you choose this path, you’ll have three years to request compensation for your losses. Our experienced attorneys can help you determine which categorization best fits your personal injury claims and deadline needs.
We Calculate Maximum Compensation for Negotiations and Trials
Our experienced attorneys thoroughly investigate the compensation you may be entitled to before your case moves forward. By performing these calculations ahead of time, we ensure you know what kind of support you can fight for. This knowledge is invaluable in securing a fair settlement during both negotiations and trials.
If a manufacturer or hospital reaches out with a settlement offer, we will meticulously assess that offer for all possible inclusions. In these cases, these inclusions should cover:
- Your initial procedure.
- Subsequent procedures needed to address additional injuries.
- Pain management medication or treatment.
- Physical therapy.
- Chronic pain.
- Pain and suffering.
- Emotional distress.
- Temporary or permanent disability.
If the liable party isn’t open to negotiations, we will present this same calculation to a judge during a trial. Judges may also add punitive damages if it is evident that the liable party severely endangered your well-being.
Throughout the process, we will aggressively present evidence to support each form of damages you request, ensuring you receive the justice you deserve.
A New York Defective Medical Device Lawyer Will Fight for Compensation
Doctors, nurses, and medical device manufacturers receive extensive education before entering the workforce. However, that knowledge doesn’t make them immune to mistakes, nor does it protect you from their errors. While your health may suffer due to their oversight, your finances don’t have to.
Anyone who has endured an injury due to a defect has the right to take legal action. A New York medical device lawyer can fight for the compensation you deserve. At Morelli Law Firm, some firms fear the courtroom—we live for it. To arrange a consultation, call us or connect with one of our lawyers today.
Call or text 877-751-9800 or complete a Free Case Evaluation form