What is the burden of proof in a medical device injury case?
In a medical device injury case in Pennsylvania, the burden of proof lies on the plaintiff. This means that the plaintiff must show that they were harmed as a result of using the medical device, and therefore the device manufacturer is liable for the damages. The plaintiff must provide enough evidence to convince the court that the injury was caused by a defect in the medical device, and not the fault of the user or other external factors. To meet this burden of proof, the plaintiff may use a variety of evidence including medical records, expert witness accounts, and other pertinent documents. The plaintiff must demonstrate that the device was defective and not functioning as expected, and that the defect caused the injury. The plaintiff must also demonstrate that the injury resulted in damages such as medical costs and lost wages. The burden of proof in a medical device injury case is a difficult one, and it is important for the plaintiff to have an experienced attorney to guide them through the process. An attorney can help gather the necessary evidence and build a strong case for the plaintiff. They will also be able to advise the plaintiff on the best legal strategies and ensure that their rights are protected.
Related FAQs
Can I pursue a medical device injury claim without an attorney?What is the role of the jury in a medical device injury case?
What are the most common medical device injury claims?
What is the role of the jury in a medical device injury case?
What legal strategies might be used in a medical device injury case?
What is the role of the insurance company in a medical device injury case?
How do I negotiate a medical device injury settlement?
How do I choose the right lawyer for my medical device injury case?
What kinds of information should I include in my medical device injury lawsuit?
What is the average settlement amount for 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