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.
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