What is a defective medical device?

Dangerous or defective medical devices — such as faulty surgical instruments, implants, pacemakers, and prosthetics — can give rise to a product liability claim if a person who undergoes surgery or uses a medical device is injured or dies as a result.

What is a defective product claim?

You might have a defective product claim if the defect in your product violated (or “breached” in legalese) that warranty. An “express warranty” is any type of warranty or guarantee that is written or stated. Such written statements can be: on the product’s label or packaging.

What is the legal responsibility of manufacturers for injuries caused by defective products?

products liability
With regard to products liability, a defendant is liable when the plaintiff proves that the product is defective, regardless of the defendant’s intent. It is irrelevant whether the manufacturer or supplier exercised great care; if there is a defect in the product that causes harm, he or she will be liable for it.

What does defective device mean?

adj. 1 having a defect or flaw; imperfect; faulty. 2 (of a person) below the usual standard or level, esp. in intelligence. 3 (Grammar) (of a word) lacking the full range of inflections characteristic of its form class, as for example must, which has no past tense.

Can you sue a medical device company?

In the event of a machine with a defect causing such harm or death, the person may have a valid lawsuit to pursue against the company or hospital that supplied the individual with the device.

When to use the discovery rule in medical cases?

The statute of limitations is often longer in cases involving injured children, and sometimes they even have a right to sue until they turn 18. To prevent doctors from escaping liability in these situations, state laws have adopted a discovery rule to protect patients. This can extend the statute of limitations when the harm was not obvious.

Is the discovery rule overriding the Statute of limitations?

Patients who do not address the situation promptly will not be protected by the discovery rule. Also, the discovery rule does not override the statutes of repose that apply in many states. These categorically limit the time period in which you can bring a lawsuit.

What do you need to know about product liability?

Under strict liability, a plaintiff must prove that: (1) the defendant manufactured or sold the product; (2) the product was defective when it left the defendant’s possession; and (3) the defect in the product caused the plaintiff’s injuries.

Is there Statute of repose for product liability?

Many states also have a statute of repose which specifies a certain time period from the date a product is sold during which a plaintiff can bring a product liability claim. In most states, the statute of repose is measured by the purchase or first use of the product; after a certain number of years pass, a claim is barred regardless of any injury.

The statute of limitations is often longer in cases involving injured children, and sometimes they even have a right to sue until they turn 18. To prevent doctors from escaping liability in these situations, state laws have adopted a discovery rule to protect patients. This can extend the statute of limitations when the harm was not obvious.

How long can a medical product be defective?

All states allow a fixed period of time in which to bring a suit, but in many cases involving defective medical products a significant period of time can elapse between a patient’s exposure to a defective product and the patient’s awareness of the injury.

Can a statute of repose override the discovery rule?

Also, the discovery rule does not override the statutes of repose that apply in many states. These categorically limit the time period in which you can bring a lawsuit. If enough time passes, a statute of repose may prevent you from bringing the claim, even if you could not reasonably have discovered the injury.

When does the Statute of limitations start on a defective product?

In a state with an injury-discovery rule, the time limit on your defective product claim would begin to run on the date of your lung damage diagnosis (that is, when you discovered your injury), not when you inhaled the noxious fumes (in other words, when the injury actually occurred).