Whenever you buy any product, you hope that it will function as designed without any defects. No buyer expects the product to cause them injury. However, many consumer products can cause you harm, medical devices being one of them.
A medical device may feature certain design defects, problems with its manufacturing, or even dishonest marketing. Due to this, lawmakers saw it best to put in place product liability laws to protect all consumers from such extortions that may arise. Product liability laws hold companies liable when distributing defective products to their consumers. But, proving injury and liability falls to the product’s consumer, and this burden of proof can be difficult to maneuver. If you get injured due to a defective medical device, follow the below five steps:
1. Get Medical Treatment
With any injury, your priority should be your health. Therefore, get quality healthcare to safeguard your well-being when you get injured by a medical device. Be sure to follow the treatment regimen given to you by your doctor, as failing to do so will not just be detrimental to your health but will also adversely affect your product injury claim. The resulting medical records will also be vital if you file a liability case.
2. Preserve the Medical Product
If possible, keep the defective medical device that injured you. If you cannot store the product, you should try and take photos of the product from multiple angles and videos if you can. You should also take steps geared at storing any product packaging and documents that may have come with the product. Having these records will make your liability claim easier to determine.
3. Document the Injury Incident
Any form of information that you give concerning how the defective medical device caused your injury can help you prove liability. Witness statements, medical records, and your notes can go a long way in proving your case. You should also keep a record of any receipts that came with the defective product, as this shows proof of ownership.
4. Seek Out Legal Representation
Navigating the case of injury caused by a medical device can be a bit tricky. This is because the company responsible for manufacturing the device will hire lawyers and do whatever they can to avoid compensation. You will need to contact an experienced product liability lawyer to help you fight your case and protect your interest.
5. Avoid Social Media
We have found that many Americans are active across social networking sites such as Twitter and Instagram. These sites are easily accessible, allowing you to share your life with many people. Discussing your injury from a defective medical product can be costly.
If you file a liability suit, any posts on social media platforms will be accessed by the opposing party. This can then be used to paint you in a bad light during your trial.
