Medical devices play an important role in the health of many Americans. Some medical devices are used in hospitals to provide safer care. Others are implanted in patients to improve health. There is no doubt that many of these devices are safe and effective. But sometimes medical devices are defective and can cause injury. If this has happened to you, a Tampa defective medical device lawyer at Distasio Law Firm is here to help.
Medical devices in the United States must be approved by the Food & Drug Administration (FDA) before they can be sold. But the FDA does not have the resources to do its own independent testing of these devices. So, the FDA has to rely on data provided to it from the manufacturer of the device. As a result, some defective medical devices slip through the cracks. Simply put, FDA approval does not guarantee a medical device is safe.
Medical devices can be defectively designed, they can have incomplete labeling, or insufficient warnings. No matter why they are defective, they can cause physical, psychological, or emotional injury. When this happens, a proactive personal injury attorney can help you hold the manufacturer accountable for the injuries caused by the device.
How Can Distasio Law Firm Help?
The seasoned Tampa medical device attorneys at Distasio Law Firm are committed to holding device makers and marketers responsible for the harm they cause. We help innocent victims harmed by defective medical devices get the justice that they deserve. If you have been injured by a defective medical device give us a call or fill out a case evaluation form today.
Types of Defective Medical Device Claims
The law that governs medical device defects is different than the law that governs other types of products because of the FDA approval process. But the basic concepts of product liability law still apply. In general there are three types of claims that can be brought. They include defective design, manufacturing defects, and warning defects.
Medical Device Defective Design Cases
Medical Devices must be approved by the FDA. But the FDA does not independently evaluate the design of the product. Instead, the FDA relies on the manufacturer’s data. When a manufacturer’s design is flawed it may cause consumers damage. If the medical devise design is unreasonably dangerous, the manufacturer can be held liable for the damages the device causes.
Medical Device Defective Manufacturing
Sometimes there is nothing wrong with the way the product is designed. Instead the problem is that the product was not manufactured properly. Manufacturing defects can occur for many reasons including because inferior component parts were used, the equipment was not properly sterilized, or the product was not properly assembled. Sometimes the manufacturing defect will affect only a small batch of the products. Other times it may affect all of them. When this happens, the manufacturer may be liable for the damage caused by the manufacturing defect.
Medical Device Warning and Marketing Defects
As part of the FDA approval process, the manufacturer will be required to use certain warnings about the product. Warnings can include warnings about how the product is used or warnings about side effects the medical device can cause. Sometimes the warnings are not adequate. Other times the manufacturer markets the device for an improper use. When the manufacturer knew or should have known the warnings were not adequate or it marketed the product for an improper use, it can be held responsible for damages this causes.
Does There Have to be a Recall Before You Can Bring a Medical Device Lawsuit?
If a medical device is causing injuries, the FDA can force the manufacturer to recall the device permanently or recall it for repairs. In addition, the manufacturer can voluntarily recall the device. But you do not have to wait for a recall to bring a lawsuit. If the product is defective, you can bring a lawsuit anyway.
The Distasio Law Firm Difference
How do you know if you have hired the best defective medical device lawyer in Tampa? The simplest way to know is to find a lawyer that has all the below characteristics.
Knowledge and Experience Handling medical malpractice Cases
Your lawyer should not only know Florida medical malpractice law. That lawyer should also have years of experience handling malpractice cases. Scott Distasio has been handling medical malpractice cases for over 29 years. His years of experience investigating, negotiating, settling, filing lawsuits, taking depositions, and going to trial will absolutely make a difference in your case.
Independent Verification of the Lawyers Ability
All attorneys claim they know what they are doing. Their marketing materials may also be persuasive. But you will only know the truth about that lawyer if the lawyer is rated by respected independent non-biased rating systems. Scott Distasio has an “AV rating by Martindale-Hubbell law Directory. This is the highest rating an attorney can receive for both ability and ethics. Scott Distasio is also Board Certified by the Florida Bar in Trial law. To achieve this accomplishment a lawyer must have tried a minimum number of cases to a jury and pass a competency exam. Less than 1% of all Florida lawyers are Board Certified.
Willingness and Ability to Go to Trial
Not all medical malpractice cases go to trial. The truth is most cases settle. But if your case does need to go to trial it’s important to hire a law firm that has the experience, resources and ability to try your case. This is especially true in medical malpractice cases because healthcare providers WIN upwards of 70% of the time. Scott Distasio is a board certified civil trial lawyer. This gives him the right to call himself an expert trial lawyer.
Need a Lawyer for a Defective Medical Device Case?
If you or someone you love has fallen victim to defective medical device, a Tampa defective medical device lawyer can help you take the appropriate legal action to address your case. We know this is a frightening, overwhelming, and beyond stressful time for you. We want you to know that you’re not alone in these matters. At Distasio Law Firm, you can rely on our relentless efforts to build the strongest case possible.