Savannah Defective Medical Device Lawyer

Stephen R. Hasner
Managing Partner at Hasner Law PC
May 10, 2024

Savannah Slip and Fall Lawyer

Dealing with the aftermath of a defective medical device can be an emotionally overwhelming and physically taxing journey. Whether it’s an unexpected health setback, financial strain, or the frustration of not receiving the care you deserve, the impact can be deeply distressing. If you find yourself in this situation, know that you are not alone. Filing a defective medical device claim can be a pathway toward justice, ensuring that your rights are upheld and that you receive the compensation you need to regain control of your life. 

At Hasner Law, we understand the hardships and uncertainties that can arise from dealing with a defective medical device. Our compassionate and experienced legal team is dedicated to helping you navigate the complex landscape of defective medical device claims. Contact us today for a consultation, and let us fight for your right to fair and maximum compensation.

Understanding Defective Medical Devices in Georgia

In the field of healthcare, medical devices play a crucial role in diagnosing, treating, and managing various medical conditions. However, not all medical devices are created equal, and there are instances where a device may be deemed defective, posing risks to patient safety and well-being. 

Defining Defective Medical Devices

A defective medical device refers to a product used in the medical field that does not perform as intended or poses an unreasonable risk to patient safety. These devices can range from surgical instruments to diagnostic equipment, implants, and even software utilized in healthcare settings. Defects may arise from design flaws, manufacturing errors, inadequate testing, or insufficient warnings about potential risks associated with the device’s use.

Defects may include:

  • Design defects: These occur when a flaw is inherent in the device’s design, making it inherently unsafe or prone to failure. Even if the device is manufactured perfectly, design defects can lead to adverse patient outcomes.
  • Manufacturing defects: Manufacturing defects occur during the production process, resulting in a device that deviates from its intended specifications. These defects can lead to issues such as substandard materials, improper assembly, or compromised sterilization.
  • Marketing defects: Also known as “failure to warn” defects, these involve insufficient or misleading instructions, labeling, or warnings about potential risks associated with device use. Patients should be adequately informed of all potential risks and side effects.

In Georgia, as in many other states, patients who suffer harm due to defective medical devices may have legal recourse through product liability laws. These laws hold manufacturers, distributors, and even healthcare professionals accountable for injuries caused by their products. There are three primary legal theories under which patients can seek compensation:

  • Negligence: This theory asserts that the manufacturer or distributor failed to exercise reasonable care in designing, manufacturing, or marketing the device. It requires proving that the defendant owed a duty of care, breached that duty, and caused harm as a result.
  • Strict liability: Georgia follows the principle of strict product liability, which means that manufacturers can be held liable for product defects regardless of whether negligence was involved. The focus is on whether the device was defective when it left the manufacturer’s control.
  • Breach of warranty: Patients can also pursue a claim for breach of warranty if the device does not meet the promises or guarantees made by the manufacturer, distributor, or seller.

Defective medical devices can have devastating consequences for patients in Georgia and beyond. Understanding what constitutes a defective medical device and being aware of your legal rights is crucial for ensuring patient safety and holding responsible parties accountable. If you have been harmed by a defective medical device, seeking timely medical attention, preserving evidence, and consulting legal professionals are essential steps to take on the path to seeking justice and compensation.

The Role of an Attorney in Defective Medical Device Claims

Dealing with the aftermath of a defective medical device can be a daunting and distressing experience. From unexpected health complications to financial burdens, the impact can be substantial. In such cases, enlisting the services of an experienced Savannah defective medical device attorney can be instrumental in pursuing a defective medical device claim and ensuring that you receive fair and maximum compensation. 

Expertise in Product Liability Laws

Defective medical device claims fall under the umbrella of product liability law. A Savannah defective medical device lawyer specializing in this field possesses a deep understanding of the legal framework, including statutes, regulations, and case precedents relevant to defective medical devices. They can evaluate your case to determine the most appropriate legal theories to pursue, such as negligence, strict liability, or breach of warranty.

Thorough Investigation and Case Building

Attorneys have the resources and knowledge to conduct comprehensive investigations into the defective medical device and its manufacturer. This involves gathering evidence, consulting medical experts, reviewing product specifications and manufacturing processes, and analyzing documentation. A well-built case strengthens your position during negotiations or trial.

Effective Communication With Manufacturers and Insurers

Manufacturers and their insurance companies often have teams of skilled Savannah defective medical device attorneys to protect their interests. Your attorney acts as your advocate in these negotiations, communicating with opposing parties to present your case persuasively. Their legal expertise ensures that your rights are upheld and that you are not taken advantage of during settlement discussions.

Accurate Valuation of Damages

Determining the extent of damages resulting from a defective medical device goes beyond immediate medical expenses. Long-term medical care, lost wages, pain and suffering, emotional distress, and potential future complications must all be considered. An experienced Savannah, GA defective medical device attorney can accurately assess the full scope of your damages, ensuring that you seek appropriate compensation.

Navigating Complex Legal Procedures

The legal process for defective medical device claims can be complex, involving intricate procedures, deadlines, and paperwork. An attorney guides you through each step, ensuring that all necessary documents are filed correctly and within the required timeframes. This helps prevent potential pitfalls that could jeopardize your claim.

Litigation Representation

While many defective medical device claims are resolved through negotiations or settlements, some cases may proceed to trial. A skilled attorney is prepared to represent you in court, presenting your case to a judge and jury with persuasive arguments backed by evidence and expert testimony.

Access to a Network of Experts

Attorneys often collaborate with medical experts, engineers, and other professionals who can provide critical insights into the defect, its impact on your health, and its potential long-term consequences. These experts play a pivotal role in substantiating your claim and strengthening your case.

Contingency Fee Arrangement

Many personal injury attorneys work on a contingency fee basis, meaning you only pay legal fees if they successfully recover compensation on your behalf. This arrangement ensures that your attorney is motivated to secure the maximum compensation possible, aligning their interests with yours.

Need a Strong Personal Injury Representation? Contact Hasner Law Today

Navigating the aftermath of a defective medical device can be an arduous and emotionally taxing experience. As you contemplate your next steps, remember that seeking justice and fair compensation is not only your right but a crucial step toward reclaiming your sense of security and well-being. Filing a defective medical device claim can be a powerful way to hold those responsible accountable and ensure you receive the support you need to move forward.

At Hasner Law, we understand the complexities of defective medical device claims and the toll they can take on individuals and families. Our compassionate team of Savannah defective medical device lawyer here to provide the empathy, guidance, and legal expertise you deserve during this challenging time. By choosing Hasner Law, you’re not just hiring attorneys—you’re partnering with a dedicated group of professionals who will tirelessly advocate for your rights and fight for the justice you deserve. Contact us today for a consultation by completing our contact form or calling (678) 928-8784.

Author Stephen Headshot
Managing Partner at Hasner Law PC
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Stephen Hasner is the founder and managing partner of Hasner Law PC. Since being licensed in Florida in 1997 and in Georgia in 1999, Stephen has worked tirelessly to help Georgia residents navigate the legal process following a serious injury. This includes injuries sustained at work, in motor vehicle accidents, and in cases of personal injury. The team at Hasner Law is dedicated to securing compensation for their clients who have been injured through no fault of their own.