If you have suffered a severe injury from a defective medical device, and you are wondering if it makes sense to sue the manufacturer, we may have a few tips for you. As an important decision as it is, you might need some additional information and input from a skilled attorney to answer it.
How to know if you have a valid case?
To have thoroughly answered the best advice is to consult us by phone 480-757-5000
This is where the years of experience and seeking justice for clients before you will come into play. Professionals can always see the standpoint of a case so they can decide if it’s worth pursuing from a legal and financial perspective.
Your lawyer should always make sure that you are within the statute of limitations and that you have sufficient evidence to prove your case and compare your situation to other similar cases to estimate how much compensation you might be able to recover. A reasonable probability lawyer will analyze your situation, and examine your case to other similar cases to determine how much benefit you might be able to recover. Also, a good lawyer should analyze the defendant’s perspective and explore the possibilities of counterclaims.
What do I need to prove to win a products liability case?
This is a product liability lawsuit if you are making a defective medical device case.
To sustain your case you need the following elements:
• You sustained an injury
• The product you used was defective
• The product’s defect caused your injuries
• You were using the product as specified in the time of the injury
Who might be liable for my injuries from a defective medical device?
In defective product case, you may begin with the manufacturer of the device, but there is a whole chain of commerce liable for your injuries as well including the suppliers, distributors, wholesalers, and retailers that were connected to the development, creation, and sale of the defective product.
What are the potential outcomes of a products liability lawsuit?
A trial can take a lot of time and effort, much of it will be boring, frustrating and time-consuming. Be prepared to see less than appealing aspects of human nature on display during the trial, and after all planning and preparation, and energy wasted, the jury might not rule in your favor, and you will not end up any better than when you began. The odd advice is, you should check out some television, cause sometimes, it can manifest some interesting detail that might have validation in real trials.
With a skilled liability lawyer who can present the case with strong evidence and arguments, you could prevail and feel vindicated for taking the time and effort to make the case to trial.
There’s a lot of elements involved. We at Schenk and Podolsky won’t take your time into settlements that can be disputed. We work hard and appreciate our clients. Call today for free consultation.
There are so many myths and misconceptions surrounding medical malpractice. Some types of cases are making the news with wrongful publication. For example, enormous payouts, making a medical malpractice lawsuit seem like winning a lottery. The fact is no-one wants to experience the error of negligence in medical care. However, if you have been the victim of medical malpractice, you should know more about this type of lawsuit.
Most medical malpractice Claims are Frivolous
Not true. The myth is that basically suing the doctor and another medical professional was merely a matter of an unhappy patient seeking revenge and attention. But, according to studies, only 3 percent of cases are considered frivolous.
Medical Malpractice Cases Has result in Huge Medical Payouts
Fewer than 1 percent of medical malpractice claims result in award 1$ and higher. Most people only compensate for medical bills. Depending on the case, some may be compensated for ost wages, pain, and suffering, etc.
Medical Malpractice Cases are filled for Money
Many people just want answers in these types of cases. Filling suit will force a medical professional who made a mistake to testify so patient and his/her family can find out what went wrong.
Medical Errors are a Realistic and Expected Risk
Very few individuals would expect to get harm by a doctor. There are complications sometimes. Sometimes the patient can set the chain of events that could lead to injury. In many instances, the error was one that could have been prevented if policies and procedures were being followed.
I’m not able to afford an Expensive Medical Malpractice Claim.
Medical malpractice suits are costly to litigate. These cases often involve thousands of pages of medical records and other documents, testimony by experts and other witnesses, and raise complex technical questions of law and medicine.
In additions, There can generally be interventions from powerful companies with massive resources, including insurance companies. However, these costs should not dissuade families from pursuing the claim. So, families should be aware that they can afford to get the help they need.
Medical Malpractice Claims Cause Health Care Costs to Rise
The new date we gathered is that while health care costs have risen, medical malpractice claims have decreased. Blaming the rising costs of health care and insurance, in general, doesn’t’ hold any truth.
If you have been injured at Mesa area, you can call our office for a free consultation with any question you might have. Don’t believe everything you heard about medical malpractice lawsuits until you speak with professionals. We can determine the facts about the case and the liability of going to court.
Malpractice lawyers will take any case.
It’s not easy to retain the lawyer services. Talking the case, lawyer thinks there is a good chance of winning it, and taking on a situation that doesn’t have a good chance of winning a settlement isn’t a good time investment for a lawyer. It’s always best to consult with professional so call us today +1 480-757-5000!
A list of the most common Medical Malpractice Claims
With all of today’s advanced technology, negligence and medical malpractice situations unfortunately still occur. Sometimes it’s due to a hospital being overfull, and the staff is overworked, and sometimes it’s because someone just wasn’t paying attention like they should have been. While it’s true that most doctors and nurses do their best providing care to their patients, deadly or life-altering mistakes are still possible, which is why we have medical malpractice claims. Here is a list of a few of the most common medical malpractice claims:
Misdiagnosis or Delayed Diagnosis
These are common claims due to the fact that there are some diseases out there that can be difficult to identify, as well as the fact that some ailments hide behind others. The most prevalent misdiagnosis or delayed diagnosis claims that arise most often are in regard to cancer in adults, and meningitis in children. Furthermore, situations where someone comes to a hospital, and then is discharged, only to have recurrent and even fatal symptoms, are common malpractice claims.
Another common medical malpractice claim is mistakes made in prescribing or administering prescription drugs. This particular error always turns out to be a major problem. While most of these errors occur in patients over the age of 60, it happens to those in other age groups as well. These mistakes are generally made when a doctor or nurse fails to properly review the patient’s medical history and prescribes a drug that works detrimentally against another prescription the patient is taking, or mistakenly prescribes the wrong drug.
Unfortunately, surgery errors are another all-too-common medical malpractice claim always showing up on the reports. While a majority of these particular claims reported are non-life-threatening issues, like accidental nerve damage, and leaving a foreign object, like a medical sponge, inside the body, there are other, much more serious problems. Sometimes these claims are made against surgeons due to an inability to control bleeding, and there are situations where surgeons have operated on the wrong body part or even the wrong patient. These types of errors are always due to very poor or missed communication.