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Many medical devices, such as artificial joints allow people to retain a great deal of movement and mobility after suffering debilitating medical conditions or being severely injured in an accident. A variety of implants including stents and pacemakers enable the body to work efficiently and safely, prolonging and improving quality of life. However, not all medical devices are risk-free. Some medical devices are poorly designed, inappropriately used, or simply have inherent risks that could lead to serious and painful complications.
If you are dealing with additional harm after receiving an artificial joint or implant, call us at Kisling, Nestico & Redick at 1-800-HURT-NOW. We may be able to help you pursue compensation through a product liability claim. Call an Ohio product liability lawyer today to schedule a free case consultation.
Modern medicine has made artificial joints and implants so frequent that you may not think twice about you or a family member receiving one. These common implants and medical devices include:
While certain implants are in response to an injury or medical condition, others are purely for cosmetic purposes. For either reason, artificial medical devices can greatly improve an individual’s physical and mental health. However, they are not without risk. Both the operations and post-procedure can result in harmful complications.
Some of the most common complications associated with artificial joints and implants, which lead to injuries include:
The potential complications you experience depend on a number of factors, including the type of device, the material of the implant, the location of the implant, and others. While some artificial joints and implants have a greater likelihood of complications than others, none of them are risk-free. Any surgical procedure creates some level of risk such as hospital-acquired infections.
When you have experienced one or more complications due to an artificial joint or implant, you should speak with an attorney regarding your options. Depending on the circumstances, you may have the right to bring a product liability claim to recover compensation for your physical, psychological, and financial injuries.
Products, including all types of medical devices, should be designed and manufactured in a way that makes them as safe as possible for consumers. While various types of products will carry certain risks, particularly in the event they are misused, designers, manufacturers, and retailers have a duty to prevent undue risk to consumers.
If the medical device is improperly made and fails to follow the intended design, and this manufacturing defect causes you harm, you may have a legal claim. Another type of defect is lack of proper warnings, which could occur if you do not receive all of the appropriate warnings regarding the use of such a device before you agree to it.
At Kisling, Nestico & Redick, we understand you may not know if a defect caused your injury. Right now, all you know is that you have suffered serious complications from an artificial joint, implant, or another medical device. This is why it is important to call us as soon as you think you may have a legal claim. We will thoroughly review your situation to determine if it is likely that a design, manufacturing, or warning defect contributed to your injuries.
If it appears you have a legal claim, we will discuss who you may seek to hold responsible and how. A product liability claim may be based on negligence, which alleges that the business failed to uphold its duty to consumers. Under a negligence claim, you must prove the responsible party, such as the device manufacturer, did something wrong.
However, you may also have the right to bring a product liability claim based on strict liability. Under this theory, the manufacturer is automatically responsible for injuries caused by its medical device. You do not have to prove the manufacturer did anything wrong in designing, manufacturing, or providing warnings in regard to the product.
Whatever the basis of your product liability claim, we can help you pursue compensation for your:
The purpose of receiving an artificial joint or implant is to improve a condition or recover from an injury. Suffering an injury because of the medical device defeats this purpose. Your injury may also be significant enough to ruin any benefit you should have obtained from the procedure, leaving you in a worse state than before.
When you are suffering because of a joint replacement or implant gone wrong, call us at Kisling, Nestico & Redick as soon as you can. We will thoroughly review your case and work with any necessary medical experts to determine if you have a legal claim for compensation. If so, we will guide you through the legal process to pursue the financial recovery you deserve under the law.