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Florida Defective Medical Device Attorneys
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Taking On Powerful Medical Device Manufacturers in Miami & Beyond
Healthcare relies on an increasingly sophisticated set of medical devices in hospitals, clinics, and doctors’ offices. An entire industry of medical device manufacturers regularly turn out new cutting edge devices. These devices help doctors diagnose illnesses, monitor patients’ conditions, treat injuries, and manage or heal diseases. Unlike pharmaceutical products, which interact with the human body through chemical or metabolic means, medical devices are primarily used to physically measure or influence an injury or illness.
They can be an incredible asset in protecting people’s health and well-being. Unfortunately, defective or faulty medical devices can injure patients, ranging from a worsening of symptoms to severe physical trauma. At The Ferraro Law Firm, P.A., our Florida defective medical device lawyers help patients who were injured due to dangerous or defective medical equipment, prosthetic devices, surgical implants, surgical equipment, or diagnostic equipment. We can help you assess your injuries and damages, identify the liable parties, and demand compensation.
Schedule a free case consultation by calling (888) 554-2030 or requesting one online.
What is Considered a Medical Device?
The United States Food and Drug Administration (FDA) defines a medical device in part as “an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including a component part, or accessory which is:
- Designed to diagnose, prevent, treat, or cure disease; or
- Designed to physically influence the human body’s function or structure.”
In practice, this can include diagnostic equipment, such as a thermometer or an x-ray machine; monitoring equipment, like a heart rate monitor; equipment used in emergency treatment, such as medical prosthetic equipment, and an artificial joint or a pacemaker.
Most medical devices require careful maintenance and routine checks to ensure proper calibration and function. Devices that require implantation in a patient’s body, particularly electronic prosthetic devices like pacemakers, require regular monitoring to ensure proper functioning. Increasingly sophisticated machinery calls for increasing levels of training and skill among medical technicians who maintain the devices. Even with diligent monitoring and care, devices that possess a defect in their design or manufacture may still cause a patient injury.
Who is Liable for Medical Device Defects?
Under the legal theory of products liability, a manufacturer or distributor of a medical device may be liable for injuries caused by a defect that renders the device they made dangerous. This could be a “design defect,” where an error in the conception or design of the device makes it dangerous for typical medical use.
Almost any single unit of a device with a design defect is unfit for use. A “manufacturing defect” occurs during the actual production of a device. The defect may not affect all units, as it may depend on conditions during assembly. If a medical device company advertises a device for improper use, it is known as a “marketing defect.” Any of these defects can make a medical device unreasonably dangerous.
Many products liability cases apply a standard of “strict liability,” holding a manufacturer or distributor liable for damages caused by a dangerous medical device, even without proof of negligence or fault. A plaintiff need only prove the defect and the dangerous properties of the device and show damages.
How Can The Ferraro Law Firm’s Product Liability Lawyers Help You?
The Florida medical device lawyers at our firm have extensive experience with product liability claims, particularly against medical device companies. We have handled cases at the state and federal level, and our record of success includes millions secured for the victims of defective medical devices.
Thanks to our approach and our record of success, we have won numerous awards:
- Selection to Florida Super Lawyers®
- Membership in Multi-Million Dollar Advocates Forum®
- Inclusion in Top Law Firms, Top Rated Lawyers, and Most Effective Lawyers
- Selection to Elite Trial Lawyers and Super Lawyers® Rising Stars™
However, awards are not why we do what we do. The most rewarding part of our job is helping people receive the support and resources they need from the companies that injured them. Our effectiveness in court has given us a national reputation for thorough case preparation and trial skill that gets results. All told, our firm has recovered billions in verdicts and settlements for the injured.