November 10, 2015
Sometimes, medical products designed to improve the lives of patients who use them can cause injuries and even death. In some cases, the medical product may be used incorrectly, which can lead to death or injury. However, if the product was used properly and still causes injuries to patients, it is possible that the injured person, or their heirs should the injury result in death, can make a medical product liability claim.
Types of Medical Product Liability Claims
There are several types of medical product liability claims involving medical devices. The device may have a manufacturing defect or may have been designed improperly. In some cases, a medical device may have been improperly marketed, allowing a patient to use the device for an unintended purpose. Defective marketing also occurs when the manufacturer was aware of a danger that existed, but they neglected to include warnings on the device before it was issued to the public.
Statute of Limitations
In Florida, the statute of limitations for filing a medical product liability claim is four years from the date of the injury. The statute of limitations is the time you have between the injury and the deadline for filing a claim. In some cases, the injured person or their family may have been unaware that the medical device caused the injury. If they can prove when they discovered that their injury or death was due to a medical device, the statute of limitations clock begins on the date of that discovery and not on the date of the injury. However, if the claim is against a city, county or state government, the statute of limitations is only three years.
Comparative Negligence
In 1973, Florida adopted what is known as a comparative negligence doctrine. This means that the amount of compensation an injured person can receive is reduced by any amount that is perceived to be their fault. For example, if you use a medical device improperly, even on accident, you could be determined to have some fault in your injury. For example, if a judge or jury awards you $100,000 for your injury, but determines that it was 90 percent your fault, you will only receive $10,000. However, if you were following doctor’s orders or had not received proper instructions, you can disprove any comparative negligence.
Contact Khonsari Law Group for Personal Injury Attorneys
If you or a loved one has been injured by a medical device, or if a loved one has died after being injured by a medical device, contact the Khonsari Law Group today to learn whether you can make a medical device liability claim. We will guide you through the legal process and work to achieve the best possible outcome for your case.