The medical industry has come a long way over the last few decades. There are medical devices approved by the FDA that are meant to make the lives of people with illnesses and diseases easier. Sometimes, though, a medical device designed to help does the unthinkable and causes injuries or death. When this happens, victims or their families may be eligible to file a product liability claim. If you or someone you love was injured by a medical device, read the rest of this article and then contact Thompson Law right away at 844-308-8180. We’re available 24 hours a day, 7 days a week.
What You Must Prove in a Texas Defective Medical Device Claim
Defective device claims fall under a city area of law known as product liability. Product liability is primarily centered around a legal concept referred to as negligence. When someone is hurt by a defective medical device, they can be left with devastating injuries including permanent scarring, nerve damage, and deadly infections. There are three specific items that a plaintiff must prove to have a successful defective medical device claim in Texas:
- That the defective medical device caused your injury. This is usually the easiest to prove.
- The medical device had a defective design, was defective because of manufacturing, or was marketed in a way that misled you in what the device should be used for.
- The defect or improper marketing led to your injury. To be successful, you must be able to show that the defect or the way the device was marketed ultimately led to your injury.
What about Class Action Lawsuits?
If you watch television, you’re probably no stranger to the ads that mention various medical devices and how there are class action lawsuits pending. While a class action lawsuit may help many people resolve their case, not all people who are hurt by medical devices qualify to join a class-action lawsuit. Sometimes, those who join class-action lawsuits do not get the compensation they deserve.
If you’ve found a class-action lawsuit regarding the medical device that caused your injury, first take the time to talk with a Texas personal injury attorney to make sure that you meet the qualifications and that joining the class action would be in your best interest.
Texas Statute of Limitations
If you or someone you love was hurt because of a defective medical device, contact Thompson Law right away. In Texas, you only have a certain amount of time after the injury to bring a claim. That amount of time is known as the statute of limitations. The time period in Texas is two years from the date that the injury occurs.
The Importance of Choosing the Right Attorney
Product liability is a form of personal injury, but these claims are quite different. It’s important that you choose a lawyer who is experienced in product liability; specifically, defective medical devices. These claims can be incredibly complex. Companies that manufacture medical devices often have powerful lawyers who will do everything they can to discredit your story.
That’s why you need Thompson Law and THE FOURS on your side in Dallas at 214-444-4444, Fort Worth at 817-444-4444, North Texas at 972-444-4444, or the DFW Mid-Cities at 469-444-4444. We are zealous legal advocates with product liability experience. Our goal is to help people who are injured protect their legal rights and get the compensation that they deserve.