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Securing Your Rights By Understanding Your Options - Your Rights In A Medical Device Lawsuit
Admin • Jun 26, 2017
If you've suffered an injury or illness that leaves you dependent upon a medical device, you might find yourself in a desperate situation if that device fails. Not only is the failure of a device likely to impede your recovery and current health, but it might cause even further health issues that leave you struggling.
Rather than just accepting this difficulty, it's important to protect your rights. Whether you're the first person to suffer a failure from your particular device or you're another in a long line of unfortunate victims, there might be legal options to pursue.
Below, you'll find a guide to some of the factors that may affect your rights in a medical device lawsuit. Keeping these variables in mind allows you to properly shape your expectations and helps you have the confidence to head down the path toward compensation and improved health.
Recall Compensation
Perhaps the best outcome for a medical device failure is that the manufacturer becomes aware of the defect and takes appropriate action to recall, replace or repair problematic devices. However, your time, health and overall discomfort are not without value, and even a company attempting to be proactive may still be responsible for providing you with some compensation. Make sure your interest in that compensation is properly shielded.
Hire an attorney and walk through the settlement options. A legal professional will help you determine whether or not it's worth it to pursue a recall claim.
In some cases, a recall may be an attempt to cut off more serious claims before they get started, so it might be a wise decision to hold out for a better deal. Some companies may tell you your compensation rights are waived by virtue of taking advantage of a recall, but your attorney can work to guarantee that's not the case.
Continuing Treatment
Malfunctioning medical devices may compound any of your existing medical issues. This leaves you scrambling for more treatment and puts you in a difficult financial situation if you previously assumed your problems were under control. If you're facing new or exacerbated health issues as the result of your device failure, work to receive appropriate compensation.
In many medical device lawsuits, your attorney may attempt to seek guarantees that your future medical treatment will be covered. While this may require additional medical examinations and specific questioning by both doctors and lawyers, it's a hassle that's worth dealing with if it can help maintain your long-term health.
Without your health, it may be impossible for you to get on with a happy and productive life. Don’t suffer the physical and financial consequences related to a failed medical device.
Class Actions
It's unlikely you're the only person who has suffered from your specific medical device failure. If you feel like you're alone, take the necessary steps to eliminate that feeling and secure your future through strength in numbers.
If there's an ongoing class action suit covering your medical device, your attorney can help you join that class and receive an equal settlement to the others who have been affected. If the class is still forming, your lawyer can make sure you're involved in the whole process and have every opportunity to secure your due compensation.
If you’re one of the first to take action regarding a medical device failure, stepping forward could empower others to do the same.
William C. Poole has the experience in medical device cases
to guarantee that you have access to the best possible outcome for you and your family. Rather than feeling hesitant and insecure, embracing your legal protections allows you to feel relief and confidence that may be missing in your life.
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