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How can the law help after a medical device injury?

Technology is the driving factor behind new and cutting-edge medical advances that can really improve the quality of life for everyone it touches. Some of this occurs in the medical industry in the form of medical devices. Items like defibrillators, medical implants and other medical devices can be incredibly effective in treating injuries and medical conditions. However, they can also cause unnecessary injury to the user.

While medical devices are tried and tested through a rigorous process, this doesn't mean that they will perform as expected every time. There is always a risk that a medical device can malfunction or not perform as intended and cause harm. It matters how and why a medical device injured a person because it can be a very fine line between a medical malpractice case and a products liability case. These are both based on negligence, but the parameters for proving each are different.

Knowing whether or not your medical device in fact caused injury is the first piece of the puzzle. Understanding how and why it caused harm is the next. Once these questions are answered, it can be much clearer the course of action for the injured. Collecting for unnecessary injuries to a medical patient can be very important especially if the injury was life-changing.

A full investigation can really help to answer these preliminary questions and can help light-the-way in terms of becoming whole again. Injuries sustained due to a medical device can be devastating and unexpected. There are often costs associated with this. Malpractice cases can really help to bridge that gap for the injured.

Source: injury.findlaw.com, "Medical Product and Device Defects," Accessed February 13, 2017

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