How Can I Tell if I Have a Defective Drug or Medical Device Case Worth Pursuing?
You should contact an attorney if the risks of a defective drug or medical device outweigh its benefits. For example, imagine you have a hip prosthetic implanted. If the device causes significant internal bleeding, it is worth consulting with lawyers who have experience in defective medical device cases—even if the prosthetic improves your mobility.
Some of the symptoms of defective drugs include:
- Blood Clots
- Seizures
- Mental Health
- Birth Defects
Similarly, you have a defective medical device case worth pursuing if you experience any of the following symptoms:
- Severe Pain
- Diminished Mobility
- The medical device you use has been recalled by its manufacturer
What Should You Do If You Are Harmed by a Defective Drug or Device?
If you have been hurt due to a defective drug or medical device, you may be experiencing many confusing feelings. However, we can provide helpful information and guidance during this difficult time. We encourage you to utilize the following recommendations during your claim:
- Seek additional medical attention as soon as possible
- Closely listen to your medical team’s recommendations
- Stay offline, and log out of any social media accounts you may feel tempted to use
- Avoid discussing your legal matters with others, including family and friends
- Protect your privacy and confidentiality by only speaking about your claim with an attorney
- When communicating with insurance companies and other parties, provide as little information as necessary
- Keep track of any evidence and information that feels relevant to your case
- Retain an attorney as soon as possible
When you work with an attorney from Hodges & Foty, LLP, we can make recommendations for your next steps. We can also provide tips and tricks that make your claim easier to navigate and win. Our team has extensive experience helping victims from all walks of life, so do not hesitate to contact us and request our support during your time of need.
How Can You Prove Liability in a Medical Malpractice Claim?
To prove liability in a medical malpractice claim, you must prove four essential factors, including:
- Duty of care: Every medical provider owes a duty of care to their patients or is responsible for upholding safety standards. A medical provider has the duty of care to assess patient well-being, prescribe treatments best suited for each individual, provide referrals when they are not qualified to provide further support to someone, or only use medical equipment they have been trained on.
- A breach in duty of care: When a medical provider is negligent, they breach the duty of care they owe to someone. It may be a breach of duty of care for a doctor to use a medical device they know is broken, to operate on a patient without clarifying they are the correct subject, or to take action without referring to the essential information they have been given.
- Causation of harm: While someone can be negligent without causing harm, damage can also be caused without a person being considered negligent. You must demonstrate that an individual caused your health to worsen. Generally, you can prove causation when you get a second opinion from another medical provider.
- Monetary damages: Part of your claim will be based on the fact that you have faced monetary loss due to the incident. To receive compensation, you must demonstrate you have experienced financial damages. Qualifying losses may include medical bills, lost wages, court fees, property damage, or other related damages with objective values.
If you need assistance demonstrating that another party is responsible for your damages, do not hesitate to contact us at Hodges & Foty, LLP. We can conduct a thorough and independent investigation, collect evidence, analyze information, speak on your behalf, and much more.
What Legal Recourse Is Available for Medical Malpractice Victims?
Medical malpractice victims have the right to hold doctors, nurses, and other medical practitioners responsible for their actions, along with receiving financial recovery for their suffering and monetary losses. If you feel you have been the victim of medical malpractice in some form, you have the right to take legal action against those who have hurt you.
Manufacturers, distributors, medical practitioners, assistants, and anyone involved in your medical well-being may be liable for your losses. Contact our team at Hodges & Foty, LLP – we can help you take action against these individuals, hold them accountable, and obtain the compensation you rightfully deserve on your behalf.
How Can a Defective Drug or Medical Device Attorney at Hodges & Foty Help?
If you have been a victim of a dangerous drug or medical device, you are likely asking yourself many questions. When you find yourself in such a situation, contact one of the defective drug and medical device lawyers at Hodges & Foty. Our attorneys will review your case to determine the following:
- Whether your injuries or adverse side effects were the result of a dangerous drug or defective medical device.
- What parties are potentially liable for the wrongdoing. This can include the manufacturer of the drug or device, the companies that designed or tested the drug or device, or a doctor who prescribed them.
- The damages you are eligible to receive. This can include medical bills, pain and suffering, and lost wages.
We have represented individuals who have been harmed by the following medical devices and drugs:
- Allergan breast implant
- Xarelto
- Bair Hugger warming device
- Taxotere
- IVC Filter
- Talcum Powder
- Pradaxa
Contact the offices of Hodges & Foty for a free evaluation of your case and make sure you are properly compensated for the pain and trouble you were forced to endure.
Need Support After Medical Malpractice? An Attorney From Hodges & Foty, LLP Can Provide Guidance and Assistance
At Hodges & Foty, LLP, we understand the devastating impact medical malpractice can have on your life. With over 40 years of combined experience, our attorneys are dedicated to helping individuals harmed by negligent medical providers. We hold those accountable, allowing victims to seek justice and rebuild trust in their care.
We focus on providing personalized legal support, ensuring your voice is heard and your case is handled with diligence and care. If you are ready to pursue accountability for medical malpractice, contact us today at (713) 523-0001 or visit our contact form.