Denver Medical Product Liability Attorneys
We Advocate for You after a Defective Product Injury
At one point or another, we all depend on medical products for treatment. Whether diagnostic tools, a pacemaker, a stent, or a contraceptive; when these products do not do their job, patients can be seriously hurt or killed.
No matter what caused the device to fail, the patient should not be held responsible. If you suspect a medical device has injured you, speak to a product liability lawyer at Leventhal & Puga, P.C. We have handled major cases across the United States and stood up to multi-billion dollar manufacturers. We won’t let a serious injury caused by negligence go unpunished. For a no-cost consultation, please call us at (303) 759-9945.
What Is Medical Product Liability?
The legal concept of product liability says that manufacturers and sellers are legally responsible when they make or sell a faulty product that causes a consumer injury.
Healthcare providers depend on medical products to provide diagnoses and treatment, and manufacturers and sellers should be held liable when their products’ dysfunction leads to a patient’s injury. However, if the doctor makes an error when placing, using, monitoring, or communicating with the patient about the medical device, this may be considered medical malpractice.
Proving Fault in a Product Liability Case
It’s one thing to know that a defective medical product caused your injury. It’s another thing entirely to prove that the manufacturer, seller, and/or other party is at fault and should provide compensation for your injury.
In Colorado, determining fault in a product liability case is based on the at-fault party’s "negligence" or "strict liability," and may involve proving errors in design, manufacturing, or in providing doctors and patients with adequate warnings about using the device. Depending on the details of the situation, your attorney may have to prove that the at-fault party was careless, or negligent. When strict liability applies, your attorney will have to prove that the product had an unreasonably dangerous defect that caused your injury, but will not have to prove negligence.
Who Can Be Held Liable for a Defective Medical Device?
An experienced product liability lawyer can ensure every entity that contributed to the product’s defect is held liable, not just the manufacturer or seller. Potential liable parties along the chain of distribution - the path the product took from manufacturer to consumer - include:
- Manufacturer: The manufacturer is the maker of the product, so if the product was made incorrectly, the manufacturer is responsible.
- Test laboratory: Virtually every medical product goes through laboratory testing, and if the testing company made an error in confirming the product’s safety, they can be held liable.
- Medical sales representative: If a medical sales representative recommended a particular product to a physician that turned out to be defective, especially if he failed to provide accurate information and warnings, he could hold responsibility.
- Doctor: Physicians can be liable when they don’t warn you of a product’s potential dangers, or do not instruct you on how to use the product correctly.
- Hospital or clinic: As part of the chain of distribution, the hospital or clinic where you received the product can be held responsible.
- Retail supplier: If you received the product from a pharmacy or other retail supplier rather than from your doctor directly, the retailer may be liable for selling you the defective product.
Work with an Experienced Medical Product Liability Attorney
Sustaining an injury from the very product that was supposed to help you get well is beyond frustrating. Not to mention the additional medical bills that quickly pile up. Having an experienced Denver medical malpractice lawyer on your side will allow you to focus on recovery rather than paperwork, and give you your best chance of a successful claim.
If you’d like to discuss your situation, give the office of Leventhal & Puga, P.C., a call at (303) 759-9945. There is no charge for an initial consultation with our legal team. If we take your case, you pay absolutely no fees unless we receive compensation for you through a settlement or jury verdict.
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- Medical Devices - FDA