How is a medical device injury case different from other personal injury cases?
Medical device injury cases are different from other personal injury cases in several ways. One of the most significant differences is that medical device injury claims often involve products liability law. This type of law holds the manufacturer of a product liable for any injuries caused by their product, even if the manufacturer was not negligent in any way. By contrast, personal injury cases typically involve proving that the defendant acted negligently or recklessly to cause the injury, such as a car accident cases. Another major difference between medical device injury cases and other personal injury cases is that there is a strict timeline for filing a medical device injury claim. This timeline, known as the statute of limitations, varies from state to state but is generally around two years after the injury occurred or was discovered. Once the statute of limitations has passed, an injured party may no longer be able to bring a claim. Finally, medical device injury claims often involve complex evidence, including medical records, expert witness testimony, and traceability of the device through its life cycle. Investigating and organizing this evidence requires specialized legal research and medical knowledge, so it’s important to have an experienced attorney on your side when filing such a claim in Pennsylvania.
Related FAQs
How long does a medical device injury trial typically last?What is the process for filing a medical device injury lawsuit?
How do I determine the value of my medical device injury case?
What is the role of the FDA in medical device injury cases?
What is the role of expert witnesses in medical device injury cases?
What is the applicable law to a medical device injury case?
What is the role of the jury in a medical device injury case?
How does the judge determine damages in a medical device injury case?
How do I choose the right lawyer for my medical device injury case?
What is the process for appealing a medical device injury case?
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