What are the most common medical device injury claims?
Medical device injury claims most commonly involve faulty or malfunctioning medical device products, such as medical implants, artificial joints, and pacemakers. When a medical device fails due to a manufacturing defect or design flaw, the injured patient may be able to recover damages through a personal injury claim. In North Dakota, these claims can be based on a product liability theory, meaning that the injured patient must prove that the medical device was defective or unreasonably dangerous when it left the manufacturer. Other common medical device injury claims involve manufacturing or design defects, defective warnings or instructions, or marketing flaws. If a medical device fails to properly warn users of potential risks and side effects, or if the device does not provide proper instructions for using the device, then the manufacturer may be liable for the harm caused. In some cases, manufacturers may be liable for injuries caused by inadequate or improper marketing of the device, such as inadequate testing, failure to properly inform consumers of potential risks, and failure to obtain necessary regulatory approval. In North Dakota, any claim involving injury caused by a medical device must be brought within two years of the date of the injury. In addition, North Dakota law requires strict compliance with any labeling requirements and product warnings that accompany the device in order to successfully pursue a medical device injury claim.
Related FAQs
What is the burden of proof in a medical device injury case?How do I know if a medical device injury was caused by manufacturer negligence?
What kind of evidence is necessary to prove a medical device injury?
How is a medical device injury caused?
What types of damages can be recovered in a medical device injury lawsuit?
How can I determine whether the fault of a medical device injury lies with the manufacturer or distributor?
What are the most common medical device injury claims?
What does the court consider when determining damages in a medical device injury case?
How can I find out if there have been any medical device injury recalls?
What is the applicable standard of care in medical device injury cases?
Related Blog Posts
Understanding Your Rights When You Are Harmed by a Medical Device - July 31, 2023Common Types of Medical Device Injury Lawsuits - August 7, 2023
Recommendations for Finding a Qualified Medical Device Injury Lawyer - August 14, 2023
The Role of the FDA in Medical Device Injury Law - August 21, 2023
Defining Negligence in Medical Device Injury Claims - August 28, 2023